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  1. #1
    Join Date
    Apr 2010
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    1

    Default Does Bankruptcy Affects Affidavit of Support

    My question involves bankruptcy in the state of: California

    my husband has divorce,but my husband name is still in the house mortgage as principal. as per court decision the ex is responsible for the payment because the house is awarded to her and my husband should execute transfer of deeds, if ex wife has late payment husband can sell the property, and they will equally share the proceeds but they did not do what the court says, now ex has 4 months late payment. will my husband be liable on this?,,hes planning to file bankruptcy, but im confuse if his tax refund will be affected? I am presently a beneficiary of spousal petition what will happen to me? I just cant understand the law it says that its ex wife obligation to pay the house but why my husband still liable to pay for the balance in case the house proceeds does not satisfy the mortgage (the alimony to ex IS DONE for 3 1/2 yrs). ex wife has filed bankruptcy last year.For how many yrs is bk be effect to individual? are there any solution on this beside of bankruptcy? pls answer or sugges. tanx

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Does Bankruptcy Affects Affidavit of Support

    If your husband remains on the mortgage, he is liable to the bank. I doubt that his bankruptcy will affect you.

    Your husband can attempt to enforce his divorce judgment through the divorce court. But if his ex- has no money, no court order will result in her paying money (she doesn't have) to catch up with the mortgage.

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