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Does Ch. 7 trump Divorce Agreement?

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Post Posted: Thu Sep 30, 2010 12:43 pm    Post subject: Does Ch. 7 trump Divorce Agreement?
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Hello,
I currently own a home with my ex-husband. Our divorce agreement states that he & I are each responsible to pay 50% of the mortgage until the house sells. It's far from selling because it has depreciated so much. I am no longer able to afford the payments and am considering ceasing my payments for the house and filing for bankruptcy. If i proceed with this, what legal recourse can he take? Do you know what consequences i may face for breeching our divorce agreement?

Thx,
Samantha

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jameshogg




Joined: 20 Dec 2005

Posts: 10443
Location: Nevada
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Post Posted: Thu Sep 30, 2010 8:31 pm    Post subject:
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Hi Guest,

It will be difficult for me to let you know what legal recourse your ex-husband can take. However, as you'll be filing bankruptcy alone, you can include the mortgage in it and get it discharged. Thus, you won't be liable for the mortgage payments. You should let you ex-husband know about your financial hardship and request him not to take any legal actions against you.

Thanks
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