Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Yes - you can file a Bankruptcy and include the mortgage, even though your name is XXXXX XXXXX the deed. Doing this will eliminate your liability for the mortgage, so that the mortgage company can no longer try to collect the money from you.
If you file now, you must include the mortgage, because you must include all creditors (those you owe money to) when you file. However, even though you file, you or your husband can still make payments to the mortgage company, to avoid losing the house.
However, unless necessary, it is generally not a good idea to file a Bankruptcy until the house forecloses if there are HOA dues involved. The reason is that HOA dues that accrue after the Bankruptcy is filed and until the house is sold in a foreclosure do not get discharged, so that the debtor remains responsible for those.
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