Will filing bankruptcy relieve me of a mortgage obligation?

I own a home with my ex-husband. He lives in the house and I don’t but I’m still on the deed and the mortgage loan. My ex has been paying the mortgage and there are no late payments or any negative information on the loan. The problem is that I need to get off of this loan so I can purchase a home myself in the future. I have really bad debt and I was already planning on filing bankruptcy. I don’t want anything from the house or out of the house. I just want out of it. My ex won’t do a refi and I don’t have thousands of dollars to take him back and forth to court to try to force him to.

Asked on February 14, 2013 under Bankruptcy Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Provided that your bankruptcy is successfully discharged, then yes you will be relieved from your mortgage obligation (and any other listed debts). However, your credit will take a hit. Additionally, your ex will still be on the hook.


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