Can I file bankruptcy to save my house even though my ex is still on the loan?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I file bankruptcy to save my house even though my ex is still on the loan?

I received the house in the divorce. Obviously our names are both still on the loan and the house is about to be forclosed on.

Asked on March 31, 2012 under Bankruptcy Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can file for bankruptcy to save your house, even though your ex-spouse is still on the notes.  If your issue is cash flow (i.e. your other bills are so high that you cannot afford your house payment), then bankruptcy is a viable option for dealing with the issues related to your house payment.  In bankruptcy, you should be able to claim a homestead exemption to protect the home so that your spouse is not directly affected by the bankruptcy. You are not required to get your spouse's permission before filing for bankruptcy.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption