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  1. #1

    Default Bankruptcy and Wife's Responsibility For Mortgage

    I have a rare case. Hope its not too confusing. I've been married nearly 20 years and aquired a drug problem within the last year that has destroyed my life. I kept if from my family as long as I could. My wife kicked me out after losing my job and several rehabs that didn't work. I went on a binge that lasted 3 months. My stellar 800+ credit score out the door and I have racked up over 100,000.00 in credit card debt. Charging any and everything on my cards to trade for drugs.
    I am clean now and trying to get my life together.
    My wife filed for divorce and we are working on a dissolution. I have nothing left. The 401K is gone. The house is in her name but I own half of the mortgage. There is no equity in it, the house is only a year old and there is more on the note than we paid for it.
    I have retained a lawyer who has given me conflicting advice. I need to file a ch 13, and at first he said it was possible. After giving a deposit, he is telling me they can make my wife responsible. I am trying to make it right with her. Can they go after the house? The only other property that I have ever had was dower (spelling??) rights that I signed away on her parents house. (which I never had actual claim to). The lawyer said they can go after their house because of this. Is this true? Any help is appreciated.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Bankruptcy and Wife's Responsibility For Mortgage

    Consult a bankruptcy lawyer now, and speak to your divorce lawyer about your situation now, as you are likely to find that anything that ends up in your divorce judgment is nondischargeable. That is, you may be able to resolve your debts to the creditors through bankruptcy, but you could still end up having to pay the (otherwise discharged) balance to your wife.

    I don't know why you would sign away your "rights" to a house in which you had no "rights" to begin with, or what the deal is with your real estate. If your lawyer cannot explain, consider consulting a different lawyer or try explaining the circumstances more completely.

  3. #3

    Default Re: Bankruptcy and Wife's Responsibility For Mortgage

    Sorry if I was unclear and thank you for your advise.

    To clairfy, mother in laws house was in my wifes name. We listed it as property that we owned when we purchased the house that my wife currently lives in with the kids. I never had claim to the house, nor do I want to make any claim to it. When I consulted my attorney (bankrupsy) he didn't mention this, and I don't believe I did either so it wasn't an issue. (If he did ask if I owned other property I would have said no because I never considered it "my" property.) My wife was told that they can go after her parents house if I file full bankruptsy. The property that was just in her name is no longer in her name and I signed dower rights away to a property that was not mine. Is this true?

    I don't understand what you mean when you say...That is, you may be able to resolve your debts to the creditors through bankruptcy, but you could still end up having to pay the (otherwise discharged) balance to your wife.
    Does this mean that my wife is responsible for my debt? Unfortunatly I don't have enough money to pay for 2 seperate lawyers, I was hoping to agree to dissolusion as she has agreed to stay in the house, make the payments, etc. We are not enemies and I don't think she would do anything to make things worse for me than I already have. The bank. lawyer that I hired said that they would not go after the house she is living in because there is no equity in it, as with the car that our names share on a loan. I just need help in which way to file, ch 13 or 7. I have retained a lawyer already to stop the creditors from calling but would like to get this out of the way so I can regain my life back
    Thank you for your help, I do appreciate it.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Bankruptcy and Wife's Responsibility For Mortgage

    Your property settlement from your divorce will not be dischargeable. You need to talk to your lawyer.

  5. #5

    Default Re: Bankruptcy and Wife's Responsibility For Mortgage

    I'm sorry but I don't know what that means. Does this mean...that if my wife defaults 5 years from now that I'll be responsible? My lawyer doesn't return my calls.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Bankruptcy and Wife's Responsibility For Mortgage

    It means you can't discharge your obligations to your wife, which result from your divorce judgment, in bankruptcy.

    Again, talk to your lawyer.

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