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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 12155
Experience:  JD, MBA
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If a person files Chapter 13 bankruptcy while married, and

Resolved Question:

If a person files Chapter 13 bankruptcy while married, and part of the money owed was toward a mortgage...If the couple divorces and one spouse keeps the home is the party that has no rights to home still responsible for paying toward the home? Or is there a way to only be responsible for the credit card and other debts?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 8 years ago.

Hello and thank you for allowing me the opportunity to assist you.

Question: “If a person files Chapter 13 bankruptcy while married, and part of the money owed was toward a mortgage...If the couple divorces and one spouse keeps the home is the party that has no rights to home still responsible for paying toward the home? Or is there a way to only be responsible for the credit card and other debts?”

Answer: The general rule is that a divorce judge can split up the debt in whatever way he finds equitable, and therefore, the judge may order that the spouse with the house must continue to pay, and the spouse without the house must take some other debts. In such cases, however, the lender would still have the right to go after either spouse, and the spouse without the house would then need to go after his ex for failing to adhere to the divorce decree.

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