If the mortgage company is foreclosing on my home but the mortgage is in my ex-husband’s name only, can I file bankruptcy on his mortgage loan?

The house is community property.

Asked on November 8, 2012 under Bankruptcy Law, Washington

Answers:

eric redman / Redman Ludwig, P.C.

Answered 8 years ago | Contributor

if you want to save the home from foreclosure and pay the mortgage, and/or cure the mortgage, you can do that in a chapter 13 bankruptcy.  if you do not want the house , tyhen you will not owe the mortgage company any money after foreclosure- they will go after ex-h.  if you were ordered to pay the mortgage in the divorce, then your ex-H can come after you for whatever he has to pay on that mortgage debt.


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