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can i file bankruptcy and my ex keep the house

Posted on: 31st May, 2010 10:48 am
i am getting divorced and my husband is keeping the house but i can't refinance. can i file bankruptcy and get my name off the mortgage?
Hi jennifert!

Welcome to forums!

As your husband is keeping the house, he will have to refinance the loan in his name in order to remove your name off it. You will have to request him to refinance the mortgage asap so that you are not liable for the dues anymore.

Feel free to ask if you've further queries.

Sussane
Posted on: 31st May, 2010 08:45 pm
Hi,

Sussane is absolutely correct. In order to remove your name from the mortgage deed bankruptcy will not help you. All you need to do is tell your husband to sign a quitclaim deed and remove your name from the property deed, if it is a joint property, then tell him to re-finance the mortgage loan in his name.
Posted on: 01st Jun, 2010 07:35 am
I have been divorced almost 3 years, signed a quick claim deed, but my name is still on the mortgage. My ex has been late on the payment before and it affects my debt to income ratio. If he refuses to refinance, will bankruptcy be an option for me. 7 years to recover from bankruptcy sure sounds better than hoping he pays it on time for the next 25 years!
Posted on: 11th Jul, 2010 04:28 pm
hi cindy,

as your name is still mentioned on the mortgage docs, you would be considered liable for the loan. if your ex does not pay the dues on time, it will affect you negatively and lower your credit score. filing bankruptcy is an option for you in order to get out of this mortgage debt.
Posted on: 12th Jul, 2010 01:40 am
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