If my-wife’s bankruptcy is affecting my foreclosure is there anything that I can do?

UPDATED: Nov 15, 2011

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If my-wife’s bankruptcy is affecting my foreclosure is there anything that I can do?

Last year my ex-wife and I decided to stop making payments on our house when we divorced so we could start the short-sale process. Now that the foreclosure is starting and she decided to file for bankruptcy, which will put the sole responsibility of the foreclosure on me. In my state there is a law that my house can no longer be listed because she is filing bankruptcy. Not only will I be the only party with the burden of the foreclosure but I can’t even continue to try to sell my house in the process. Is there anything that I can do?

Asked on November 15, 2011 under Real Estate Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I suggest that you consult with a real estate attorney about the situation that you are in. If your home cannot be listed because your former wife is filing for bankruptcy protection, perhaps she could quitclaim to you her interests in the home so that you can have it listed for sale.

Perhaps that will be an option so that you might be in the process of doing a short sale. Another option would be for you to see if the lender would take a deed in lieu of foreclosure of the home that you wish to sell as a way for you to get off title to it and not be obligated for it anymore.

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.

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