Will is my potential liability if my ex filed for Chapter 7?

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Will is my potential liability if my ex filed for Chapter 7?

My ex-husband just sent me his bankruptcy filing. The only debt my name was on with him was the second mortgage to our home that was foreclosed on 8 years ago. Will I have to pay for this debt if he won’t?

Asked on May 14, 2012 under Bankruptcy Law, Michigan

Answers:

Jaclyn Markert

Answered 9 years ago | Contributor

Yes. You and your ex are jointly liable on that debt. That means that the mortgage company can choose to collect the debt from just you, just your husband, or from both of you, until the obligation is paid in full. Once your husband receives a discharge in his bankruptcy case he will no longer be liable on that debt - the bankruptcy extinguishes his obligation to pay. But it does not wipe our your obligation to pay because you did not file a bankruptcy case. You may want to consider filing your own case to protect yourself from the mortgage company suing you.


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