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What Happens if You're Separated and Your Spouse Files Bankruptcy

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  • 01-22-2013, 07:45 AM
    gatorbear
    What Happens if You're Separated and Your Spouse Files Bankruptcy
    My question involves bankruptcy in the state of: florida

    seperated since july 1st....wife is filing bankruptcy...we co-own a house and vehicle...

    is there anyway I can be forced out of the house?

    I am one month behind on the mortage...one month behind on the car
    can get caught up..but not sure if I want to without knowing if I could lose it anyway..

    I want to keep the house...and do not plan on leaving, even though it would make
    mare financial sense to get a smaller place...

    thanks
  • 01-23-2013, 11:01 PM
    Mr. Knowitall
    Re: What Happens if You're Separated and Your Spouse Files Bankruptcy
    If you don't pay your mortgage, the lender can foreclose. If you don't pay your car payment, the lender can repossess.

    When do you anticipate that your divorce will be resolved? Are proceedings to divide the marital assets stayed by the bankruptcy, or is your case proceeding? Will you be awarded that vehicle in the divorce?
  • 01-25-2013, 05:23 PM
    gatorbear
    Re: What Happens if You're Separated and Your Spouse Files Bankruptcy
    don't plan on not paying the mortgage or car payment,,,,just probably going to keep running late...

    have not gone to mediation yet,,,,, ex. does not want the car or house...she filed bankruptcy to get her name off the house and car....
    and I have no idea at what point herbankruptcy case is...

    how long does a bankruptcy case usually take?

    the house is upside down about 80k...will she still be held responsible for half of that even if her bankruptcy case is already completed
    prior to final judgement or mediation?

    just hoping it will negate her getting 1/2 of 401k which is roughly the same amount...

    which brings up another question

    let's say when financial affidavit was completed there was 100k in the 401k account
    and it has gone up since then.....which amount is split if it does end up getting split?

    the amount that was in the account as of original date of filing for divorce or seperation ?

    or a later amount ?
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