Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Since your name is XXXXX XXXXX the mortgage, you do have to include the information concerning that debt in the Bankruptcy. However, having $260,000 in debts is not a problem when filing a Chapter 7 Bankruptcy.
Sorry! I don't know why I didn't see the last sentence.
If you file a Chaper 7 Bankruptcy, the only affect on your ex-husband will be that he will become the only one legally responsible for the mortgage. (Having a divorce decree that indicates that only one spouse should pay the balance of the mortgage, and/or have the mortgage put in his name alone, does not relieve the other spouse from the liability of paying the mortgage. The only way to be relieved of the legal responsibility of paying the mortgage is for the other spouse to re-finance.)
A lender will not remove a name from the mortgage because of a divorce. They will only remove a name if the party who wishes to remain on the mortgage has the mortgage re-financed.