Can my husband file bankruptcy with me?

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I have a few questions about their divorce. My husband and I cannot get approved for a loan on a house because his ex wife still has not refinanced the house they had bought together. Her husband makes ten times what we both do combined, and she refuses to refinance and she is continually 30-60 days late on mortgage payments. They divorced over 2 years ago, and he signed the quit claim deed. We called the title company the other day and they told us the quit claim is invalid because his name was not printed in the notary box, it had only been signed. So I told my husband I am going to file bankruptcy on all my past due debt, because I will not be able to buy a house until I am almost 30 by myself. He wants to file as well. Combined we have over $ 300,000 in debt between the mortgage in his name and medical bills for us and our children prior to having insurance. So can we file bankruptcy on the house? And if so what will happen to her? I am going to speak to a bankruptcy attorney in a couple of weeks to learn more but was wondering if any of you have any idea.

Also I called his ex wife to try and find out if he signs another quit claim deed and gets it recorded properly this time will she refinance and she refuses.

1 Comment
  1. Reply
    May 3, 2011 at 3:45 am

    You haven’t provided enough information for a great answer, but I can address some of you concerns.

    You are under a common misconception – you do not “file bankruptcy on” a debt. You “file bankruptcy,” period. ALL of your debts MUST be listed and are “included”. Depending on various factors, different things can happen to those debts, but there is no such thing as “leaving a debt out”.

    The goal of most personal bankruptcies is a court order called a “discharge”. The discharge eliminates your personal liability on a debt, but it generally does not eliminate liens or security interests. This means that a credit card debt will usually be wiped out, but if you want to keep a car with a loan on it, you’ll have to pay that loan.

    The mortgage you are referring to is a dischargeable debt. Your husband’s liability on the mortgage will be wiped out if he files a bankruptcy. However, he might remain liable to his ex-wife under the terms of his divorce decree. (Alternately, if the divorce decree states that she is supposed to refinance the house, he may have the right to sue her – this is an asset that must be disclosed in his bankruptcy case.)

    Your husband’s situation is mildly complicated, but any decent bankruptcy attorney will be able to handle it. Good luck.

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