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mik1969 · Joined: 07 Nov 2008 Posts: 1 1.41 Dollars($)

My ex husband is going to file bankruptcy soon. At the time of our divorce two years ago, I was awarded the home and he was released from the lien. The debt for the house is still showing up on his credit report. Not sure why since he was released. Will his filing bankruptcy affect my credit in any way? I have asked him to not include it in his bankruptcy case since our children live in the home. Thanks in advance for the advise.

smithsussane · Posted: Fri Nov 07, 2008 7:46 pm Post subject:

Hi mik!

Welcome to forums!

You have said that you have asked your ex-husband not to include the property in the bankruptcy. Moreover the property was awarded to you during divorce so I hope you have refinanced it and transferred it in your name. In that case, your credit will not be affected.

Feel free to ask if you have further queries.

Sussane

Guest

No, I have not refinanced but did take out a home equity line of credit (I am in TX). I was able to do the home equity line because he was released from the lien. It was recorded at the courthouse that he was released from the lien. I am hoping that will suffice and means it was a done deal. If he is released from my mortgage obligation than I should not be penalized for his bankruptcy. I hope!

jameshogg · Posted: Fri Nov 07, 2008 11:08 pm Post subject:

Hi mik,

If your ex-husband's name is not on the deed or on the property, then your credit will not be affected. You won't be penalized for his bankruptcy.

Thanks.

Jessica

Hi Mik,

It's ok if you have not refinanced but taken out a home equity line of credit. Since your ex-husband no longer occupies the property and does not have his name on the deed or loan, therefore, you needn't worry about the affect of bankruptcy on your credit. Only thing is that you need to ask your ex to co-ordinate the credit bureaus and get the debt for the house removed from his credit report. Or may be the bureaus can simple update the status as "released from lien". Your ex can even request the lender to co-ordinate with the bureaus.

Regards,

Jessica.

elnoralittle · Posted: Sun Nov 09, 2008 9:07 am Post subject:

If you are positive that the your husband was released from the lien and the deed, then it should not effect you. Your ex husband wouldn't be allowed to claim it in the bankruptsy either.

There are three bureau's of credit. Exifax, Transunion, experian. Your husband would need to get a letter from the provider of your mortgage stating he is not on the lien and then mail that with a letter to each bureau requesting for his credit to be updated.
That should take care of it.

Guest

My husband and I are currently going thru divorce and the lawyer has written up the papers for me to take over the house, is there a way to remove his name from the mortgage without refinancing? He is planning to file bankruptcy after the divorce? If I am not able to refinance what will happen to the house?

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Ex husband is filing bankruptcy - he was released from lien