If my ex is not complying with our divorce agreement and is now delinquent on our house payment and filing bankruptcy on the house, what are my rights?

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If my ex is not complying with our divorce agreement and is now delinquent on our house payment and filing bankruptcy on the house, what are my rights?

We agreed he would make payments and keep the condition of the house current until August, in order to refrain from paying back the $8000 tax credit. He is now delinquent on the payments, and filing bankruptcy. I don’t feel like I should have to do anything until the IRS comes looking for the money, then I will have a case. Do I need a lawyer now or can I wait until the IRS comes knocking? I don’t know what to do.

Asked on July 30, 2012 under Family Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that you consult with a family law attorney with experience in real estate matters about the predicament that you are now in so as to protect your rights. Given the fact that you are probably on the home's loan, you need to be aware that the delinquent payments on the monthly morgage will impact your credit in a negative manner.

If the loan on the home is purchase money, then you will not have to worry about a deficiency judgment assuming the home is lost in foreclosure.


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