Can a spouse get their husband off of the title to the house if he filed bankruptcy?

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Can a spouse get their husband off of the title to the house if he filed bankruptcy?

My husband abandoned me and filed a fraudulent bankruptcy to get out of my getting the proceeds of our home. I have paid the mortgage. He did not reaffirm the loan even though he checked “reaffirm” in his statement. He also checked non-exempt. I cannot afford to divorce him. Can I get his name off the title, since he’s never paid the mortgage and walked away?

Asked on June 27, 2012 under Bankruptcy Law, New Hampshire

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The only way that you can get your husband's name off the legal title to the home that you are writing about where he has simply walked away from his obligations to you and the house is to file a lawsuit against him for declaratory relief of the home seeking to have all ownership rights to it revert solely in your name per a court order.

The best way to proceed with this option is to retain a real estate attorney to discuss your options with respect to getting title solely in your name if your husband will not voluntary sign a deed transferring his ownership rights solely to you.


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