My wife and I are in the middle a very ugly divorce. Would family court rule that I have to make payments on the house even if I include the mortage in my bankruptcy?

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My wife and I are in the middle a very ugly divorce. Would family court rule that I have to make payments on the house even if I include the mortage in my bankruptcy?

She also cannot afford the payments but says she refuses to file bankruptcy.I’m in the process of filing for chapter 7 bankruptcy and plan to include the house because I can’t afford the payments.

Asked on March 12, 2009 under Family Law, Ohio

Answers:

Denise Ferguson / Denise Ferguson Attorney At Law

Answered 12 years ago | Contributor

When in the midst of a divorce, the court will inquire as to whether you are in bankruptcy or considering bankruptcy.  If you file bankruptcy, your wife will be listed as a creditor if she is a cosigner on anything and because you are in a divorce. You will need to apprise the court that you are filing bankruptcy so that the court can take that into consideration.


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