I don’t want my credit ruined because my soon to be ex spouse is filing bankruptcy now. Divorce has been going on almost 3 years now, I want to stop him from filing on the house or anything else with my name on it, so I won’t be scarred for the next 10 years. The mortgage and home is in both of our names, but that’s about all, maybe one or two credit cards, but mostly the home. Anybody got good solid sugguestions?
I have already talked to an attorney, and get nothing but the run around. He won’t sign a quit claim deed, and cares nothing about the house. The attorney’s here are in a very tight knit circle where everyone knows everyone and has worked with them at one point in time. I don’t want my credit with a Bankruptcy lable on it because the ex is an idiot. The divorce has taken almost 3 years because he keeps putting it off. My parents are willing to support the children and myself, but he thinks he should get a cut in it. Just because they are well off, doesn’t mean I am. Any advice??
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I think with you ex filing bankruptcy, it just means his credit will be crap–not yours. You would then be fully responsible to pay for the house, etc., and if there a bills in collections they’ll come after you. I filed for bankruptcy before my divorce and that’s how it worked in my case. My spouse was not part of it so I’m sure bill collectors are hounding him. Serves him right since he is the one who put us in debt.
Read the bankruptcy law yourself and see if you can get anything out of it. I know stuff changes from state to state–I’m in Washington State. Good luck to you.
the spouse shouldnt be able to do so since it is both your names,however you may be forced to "buy his share from him" go to your states attorney and ask them they will be able to give you a solid answer
Hire a hit man
Bankruptcy will get his name off the mortgage. If you are current with the payments the odds are the mortgage company will take no action against you.
You can’t stop him. It’s his right.
If he gets off the loan then you need to get a Quit Claim deed from him to get his name off the title to the house.
Him giving you a Quit Claim deed, without him filing bankruptcy, will not get his name off the mortgage. Only the bankruptcy can do that.
filing for bankruptcy is not a breach of your mortgage agreement. if you are current on mortgage payments, bankruptcy will not result in a foreclosure.
even though it is wrong, currently, when one spouse files for bankruptcy and there are joint debts, it will be noted on the non-filing spouses credit report. so, i think the best think is to petition the court for an injunction to stop him from filing.
Have him sign a quit claim deed and refinance the house in your name.
As mentioned above, a straight bankruptcy won’t make you lose your home. I don’t think you’ll have a choice once the case starts. You may, however, be able to ask the court to delay the bankruptcy proceedings until your divorce is final. What’s taking your divorce so long?
ask him to quick claim deed the house to you for $10.00,before he does the bankruptcy. it will be totally in your name.
Chapter 13 bankruptcy won’t take away the house.