If I am recently divorced, what happens to me if my ex0husband files for bankruptcy and I am still on the mortgage to his house?

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If I am recently divorced, what happens to me if my ex0husband files for bankruptcy and I am still on the mortgage to his house?

My name is still on the mortgage and the fixed rate loan that went to him in the divorce.

Asked on January 3, 2012 under Family Law, Texas

Answers:

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

Answered 9 years ago | Contributor

Then the lender will come after you for the mortgage balance unless you and he reaffirm the mortgage in bankruptcy.  This is a very serious issue.  If you think that bankruptcy is an option for hi before your name is off the mortgage I would seek help in finding an alternative plan.  I a assuming he was to refinance your name off the mortgage but you think that he can not, correct? Then you need to be ready to ask the court to allow you to step in and sell the house or what ever would be reasonable under your divorce agreement.  Good luck. 


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