Can my ex-wife sell a house that is in both our names if I include it in my bankruptcy?

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Can my ex-wife sell a house that is in both our names if I include it in my bankruptcy?

The loans are in both our names, but she is responsible for payment of the loans per our divorce decree.

Asked on August 28, 2012 under Bankruptcy Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Here is something you are going to find out real quick: the fact of a divorce decree has nothing to do with each of your agreements with the lender. The lender doesn't get involved because it is not privy to the marital agreement or divorce decree.  So, this basically means that even if she is responsible per the divorce decree, she needs to refinance the house into her name and you need to quit claim title to her. If you file bankruptcy, it could stay (stop) everything on that home and loan for now despite the divorce decree. It might be your best bet to get some ducks in a row.


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