If my ex did not refinance our house as per our divorce decree and is now filing bankruptcy, since I’m still on the mortgage mustI file as well?

UPDATED: Jan 24, 2011

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If my ex did not refinance our house as per our divorce decree and is now filing bankruptcy, since I’m still on the mortgage mustI file as well?

Got divorced in 05/10 and ex received the house. She was supposed to refinance the home by 03/11 into her and her new husband’s name.Iif she could not she was to sell it. The divorce decree states that I will be held harmless from debt, but the USDA says that I’m still on the loan. Do Ihave to file bankruptcy too?

Asked on January 24, 2011 under Bankruptcy Law, Ohio


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

How and what you should do depends on your personal situation and how you wish to handle the foreclosure.  You need to seek some advice from someone in your area about the matter.  You technically have no rights to the house as per your divorce agreement but you have the right to make sure that your name is not dragged through the mud here.  Technically she is not in default of the agreement as to the refinancing (she had until 3/11 as you stated) but that does not help you any here.  You need to either go back to court to modify the agreement and allow you to take back the house and pay the mortgage or step in and make an agreement with the bank for a short sale or a deed in lieu of foreclosure.  There are options but as I said, your personal situation will govern the best thing to do for you.  Good luck.

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