What happens to my mortgage and home if they are still in my ex wife’s name and she declares bankruptcy?

Asked on October 10, 2014 under Bankruptcy Law, Delaware

Answers:

Anne Brady / Law Office of Anne Brady

Answered 6 years ago | Contributor

If it is in your ex-wife's name only and she is still living there, the home will probably be exempt as a homestead and the mortgage will survive the bankruptcy.  If the house is in her name alone and you are the one living there, you are basically a tenant, and the house will be lost in the bankruptcy.  If it is in both your names, the bankruptcy trustee is going to want to recover her 1/2 interest in the equity you have in the house.  See an attorney.


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