How will my husband’s Chapter 13 affect me?

UPDATED: May 31, 2012

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How will my husband’s Chapter 13 affect me?

I am getting a divorce. My husband’s name is the only name on the mortgage but my name is on the deed to the house. He will be going to jail and is filing Chapter 13 and the house will go into foreclosure after he goes to jail. The divorce may not be final before his bankruptcy is.

Asked on May 31, 2012 under Bankruptcy Law, North Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

So long as your name is not on the loan regarding the home that you are writing about, your soon to be former husband's Chapter 13 bankruptcy filing should have no impact upon your credit rating at least as to the home that most likely will be lost in a foreclosure.

However, joint credit card debts as well as maritial obligations that may be subject to the filing could result in a negative credit rating pertaining to yourself for reporting purposes. I suggest that you consult with an attorney who practices in the area of consumer law as to a more detailed opinion regarding the intended bankruptcy filing upon you.

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 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.

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