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Law Girl
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Category: Bankruptcy Law
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Experience:  I am an attorney.
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Im divorced and living in our home with my son, recently my

Customer Question

I'm divorced and living in our home with my son, recently my ex filed for bankruptcy, and only included his credit cards and vehicle. His told his lawyer that he did NOT want to include the house because I was living there and paying the mortgage. The lawyer took it on his own to include it in the bankruptcy which upset my ex, but was told by the lawyer that there is nothing he can do about it. Can I still stay in the house if I keep paying thee mortgage or will I lose it, I don't think it is fair because of the lawyers incompetience. What should I do?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Law Girl replied 5 years ago.

Whose name is XXXXX XXXXX in?

Customer: replied 5 years ago.
Wells Fargo
Expert:  Law Girl replied 5 years ago.
Is your husband's name on the mortgage, your name, or both?
Customer: replied 5 years ago.
His name only, because he refinanced it in his name only because my credit was bad. I'm on the original loan when we first bought the house.
Expert:  Law Girl replied 5 years ago.

Thank you for providing the clarification.

 

In the event that he was declaring bankruptcy, he was obligated to disclose the home because his name is XXXXX XXXXX mortgage. In bankruptcy you must disclose all of your assets and all of your debts. To the extent that he is filing Chapter 7 and not Chapter 13, he may be unable to keep the home, in which case you would be unable to stay in the home. You could contact the lender about buying the home, however, if you have credit issues, the lender may not agree to that.

 

Ultimately, unless the bankruptcy allows your husband to keep the home, you will be unable to stay in it and will probably lose it. I am sorry.

 

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

 

Good Luck!

Customer: replied 5 years ago.
What would happen if I made the mortgage payments?
Expert:  Law Girl replied 5 years ago.

If you continue to make the mortgage payments, they may be accepted; however this does not guarantee that they will allow him to keep the home. Since the loan is in his name, if he is trying to get out of the loan obligation to keep the home, they may demand that the home be sold to satisfy his debt obligation, in which case the payments may go toward what is owing on the mortgage, but it will not prevent the home from being sold and you from being asked to leave.

Customer: replied 5 years ago.
He told his lawyer that he did not want to include the house because I was living there and making the mortgage payments, My ex did not intentionaly want me to lose the house, isn't there some way he can take the house off of the bankruptcy, and could he change it to chapter 13 instead?
Expert:  Law Girl replied 5 years ago.

Unfortunately, you do not have the option of listing some assets and not other assets. When you declare bankruptcy all assets and debts in your name MUST be disclosed. To the extent that he changes the bankruptcy to a Chapter 13, he will need to agree to a payment plan with regard to the home and/or the creditors that he can payback (as opposed to the Chapter 7, which liquidates his assets to discharge the majority of his creditors). His ability to do this may depend on his income, his debt and his assets.

Customer: replied 5 years ago.
How long will I have before I have to leave, and is there a way to extend time until I find a place to live?
Expert:  Law Girl replied 5 years ago.
I honestly have no idea, that really depends on his bankruptcy proceeding and how long it takes. Quite frankly, you should probably start looking for another place now because in the event action is taken to take back ownership from your ex-husband, you will be unable to remain there. Since you have no ownership interest in the home, the lender does not owe you any duty in terms of giving you notice or an extended period of time in which to pack up or find another place. I am very sorry.

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