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Joint Mortgages and Post-Divorce Bankruptcy

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  • 10-02-2016, 06:08 PM
    lawfacts
    Joint Mortgages and Post-Divorce Bankruptcy
    One spouse was awarded the marital home in a divorce, and was to pay the mortgage. The mortgage was joint, with both spouses as borrowers. Now the spouse in possession of the home has declared bankruptcy. What will happen to the other spouse, especially if the mortgage lender comes after her for mortgage payments?
  • 11-20-2016, 04:42 PM
    Mr. Knowitall
    Re: Joint Mortgages and Post-Divorce Bankruptcy
    The spouse who is not in the home should ask the bankrupt spouse if he's current on the mortgage, if he's filing Chapter 13 or Chapter 7 bankruptcy, and if he's planning on trying to reaffirm the mortgage. His answers to those questions will help her understand what she might do next.

    Options might include working with him to sell the house and pay off the mortgage, to acquire the house herself, to declare bankruptcy herself, or to seek appropriate relief through the divorce court -- but it is impossible to state what her best course of action might be, or when and how she should act, until she knows exactly what her ex-spouse is doing.
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