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

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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 9 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.


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