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  1. #1
    Join Date
    Dec 2009

    Default Ex-Spouse Filing Bankruptcy, Joint Responsibility on Mortgage

    My question involves bankruptcy in the state of: FLORIDA.

    My ex and I divorced 2 years ago. Our house has been on the market in Florida that entire time. The terms of our divorce decree allocate 50% responsibility on each party toward the mortgage debt. We had originally assumed to share the financial obligation toward renting, selling, short selling or foreclosing the property. We have an offer on a short sale but my ex is refusing to submit the required documents to our Realtor; in favor of filing a bankruptcy against the home and other disarray he has created with his business & personal finances. He has advised me that I will be brought into the bankruptcy with him if he files due to the terms of our divorce/shared responsibility. I have no other debt to warrant a bankruptcy and wish to short sell if at all possible. Am I helpless in having to allow the house fall to foreclosure and also filing?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Ex-Spouse Filing Bankruptcy, Joint Responsibility on Mortgage

    It sounds like your judgment may support a motion in the divorce court compelling your ex- to cooperate with the sale, so I suggest having a lawyer review the judgment and to file an appropriate motion to enforce it. You will want to get that going before he files bankruptcy.

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