Comments on: How do I stop my divorcing spouce from filing bankruptcy on our home?

By: hunt3002

hunt3002 — Tue, 30 Nov 1999 00:00:00 +0000

Chapter 13 bankruptcy won’t take away the house.

By: beachbum

beachbum — Tue, 30 Nov 1999 00:00:00 +0000

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.

By: Korey Humphreys

Korey Humphreys — Tue, 30 Nov 1999 00:00:00 +0000

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?

By: skydiver36c

skydiver36c — Tue, 30 Nov 1999 00:00:00 +0000

Have him sign a quit claim deed and refinance the house in your name.

By: tortfeasor21913

tortfeasor21913 — Tue, 30 Nov 1999 00:00:00 +0000

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.

By: Yak Rider

Yak Rider — Tue, 30 Nov 1999 00:00:00 +0000

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.

By: desert fox

desert fox — Tue, 30 Nov 1999 00:00:00 +0000

Hire a hit man

By: helpfull2u

helpfull2u — Tue, 30 Nov 1999 00:00:00 +0000

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

By: Chotchi

Chotchi — Tue, 30 Nov 1999 00:00:00 +0000

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.