If my ex did not refinance our house as per our divorce decree and is now filing bankruptcy, since I’m still on the mortgage mustI file as well?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my ex did not refinance our house as per our divorce decree and is now filing bankruptcy, since I’m still on the mortgage mustI file as well?

Got divorced in 05/10 and ex received the house. She was supposed to refinance the home by 03/11 into her and her new husband’s name.Iif she could not she was to sell it. The divorce decree states that I will be held harmless from debt, but the USDA says that I’m still on the loan. Do Ihave to file bankruptcy too?

Asked on January 24, 2011 under Bankruptcy Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

How and what you should do depends on your personal situation and how you wish to handle the foreclosure.  You need to seek some advice from someone in your area about the matter.  You technically have no rights to the house as per your divorce agreement but you have the right to make sure that your name is not dragged through the mud here.  Technically she is not in default of the agreement as to the refinancing (she had until 3/11 as you stated) but that does not help you any here.  You need to either go back to court to modify the agreement and allow you to take back the house and pay the mortgage or step in and make an agreement with the bank for a short sale or a deed in lieu of foreclosure.  There are options but as I said, your personal situation will govern the best thing to do for you.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption