Can I file bankruptcy with my husband after our divorce is finalized?

Question Details:

I am filing for divorce where I am giving my husband the house, and everything that goes with the house. We have no kids together; we are not fighting over anything. I want my name removed from the house and the only way to do that without being liable for the mortgage is by filing bankruptcy because he was not able to refinance, plusthe house is not in sellable condition. The divorce has been dragging on for almost 2 years now. I want to know if I can get the divorce now and file bankruptcy from the house later? Or do we have to file bankruptcy while we are still married?

Asked on 6/2/2011 under: Tennessee Bankruptcy More Legal Topics ▼All States ▼

Mark J. Markus / Mark J. Markus, Law Offices Of Answered 1 year ago This attorney is licensed in California View Attorney Profile

You can file bankruptcy whenever you want.

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/

Dan Scott / Scott Law Group, PC Answered 1 year ago This attorney is licensed in Tennessee View Attorney Profile

You can file a bankruptcy case with or without your husband while the divorce is ongoing. You can file a joint case while you are still married which will save you filing fees and attorneys fees. If the house is not in saleable condition and you aren't expecting to try to retain it (either one of you) then a joint case now may make sense.

After your divorce is entered, you will not be able to file a case with him. Only married people can file joint cases.

http://www.scottlawgroup.com