How do I stop my divorcing spouce from filing bankruptcy on our home?
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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How do I stop my divorcing spouce from filing bankruptcy on our home?
I don’t want my credit ruined because my soon to be ex spouse is filing bankruptcy now. Anybody got good solid sugguestions?
Comments
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Victoria M January 18th
If this is going that bad, you need to look into an attorney fast. Every bankruptcy is different, so you may want to call an attorney that specializes in those in your area and ask what your soon ex-spouse’s rights are to that. Good luck, stay strong!
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sisqo w January 18th
i don’t know but you could go to someone older that work with that kind of stuff.
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evil_paul January 18th
If he files while you are still married then your both up the creek without a paddle. Maybe you can convince him to wait unitl you are legally divorced to file.
As for the house, depending on the type of bankruptcy and where you live you may be able to keep the house. If it’s about to go into forclosure then that is a separate issue.
Either way you need a lawyer ASAP.
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MLaw January 18th
Keep up the payments on which you are obligated jointly or individually & your credit should be okay.
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mirageguitarworks January 18th
You don’t file bankruptcy on a house. You file personal bankruptcy, and the house might be an asset that can be liquidated, but I doubt it. If the house is in his name alone you have no control in most states since it is legally his property.
If the home and mortgage is in both names then don’t worry about it too much, but once his bankruptcy goes through the bank will look to you to pay off the house.
I went through a bankruptcy when I was married perhaps 10 years ago and I was able to "reaffirm" my mortgage so I didn’t lose the house.
His credit has nothing to do with yours as long as you make sure that the bills that are in both of your names are paid. I would also suggest that you open a few lines of credit on your own and transfer any balances that he might be able to access to the new lines, then close the old ones. Either one of you can close (or max out!) joint lines of credit.
What a pig. I gave my ex our house and lived in a rented room in a trailer for a year until I could afford something.
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Kat January 18th
Hi. Your credit will not be ruined if your soon to be ex spouse files for bankruptcy. His bankruptcy filing means that he is no longer legally obligated to pay for the property. If you are on the deed of trust or note, you are still responsible. If he files and he is on the mortgage documents, when the mortgage company receives notification of his filing, they may no longer send you monthly billing statements or allow you to make payments online. It can be easily resolved once the property is removed from bankruptcy. Hope this helped.
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hunt3002 January 18th
Chapter 13 bankruptcy won’t take away the house.
beachbum January 18th
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.
Korey Humphreys January 18th
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?
skydiver36c January 18th
Have him sign a quit claim deed and refinance the house in your name.
tortfeasor21913 January 18th
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.
Yak Rider January 18th
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.
desert fox January 18th
Hire a hit man
helpfull2u January 18th
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
Chotchi January 18th
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.
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