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


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.

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.