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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.