Bankruptcy concern with ex-spouse. Will he be relieved of paying his portion of the mortgage if eligible for bankruptcy?
Question Details: I think my ex is looking into bankruptcy. We still own a house and have a 2nd mortgage that we both pay on currently. If he is approved to file bankruptcy, could I be held responsible for the debt?
Are you an attorney? Sign up to answer this question.
Legal Answers Categories
Bankruptcy Law Answers
Yes, he can be relieved of this liability. He can choose not to re-affirm the mortgage debt and he will no longer be held personally responsible for payments.
However, this can all get very complicated since there is a divorce involved and I don't know exactly what your papers require him to pay or not. Also, second mortgages are handled differently in a Chapter 13 vs. a Chapter 7 bankruptcy filing. You really need to consult with an attorney in your area as to all of this.
Related Bankruptcy Questions
Didn't find your answer? Ask.
Top Ranking Attorneys
- Hong Shen210 Answers|Points 10500Gold Contributor
- Joseph Gasparrini46 Answers|Points 2200Bronze Contributor
- Kelly Broadbent81 Answers|Points 4000Silver Contributor
- Russ Pietryga78 Answers|Points 3850Silver Contributor
- Shawn Jackson17 Answers|Points 850Bronze Contributor
- Glenn M. Lyon, Esq.27 Answers|Points 1330Bronze Contributor
- Hong Shen210 Answers|Points 10500Gold Contributor
- Kelly Broadbent81 Answers|Points 4000Silver Contributor
- Russ Pietryga78 Answers|Points 3850Silver Contributor
- Sharon Siegel62 Answers|Points 3090Bronze Contributor
- Michael D. Siegel56 Answers|Points 2750Bronze Contributor
- Paula McGill50 Answers|Points 2500Bronze Contributor
Are you a lawyer?Want to be featured here? Sign up for a free profile and get started today! Click Here
More Questions Like This...
 |