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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2527
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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Hello, I have a mortgage and my ex-husband is the co-signer.

Customer Question

Hello,
I have a mortgage and my ex-husband is the co-signer. The home was purchased during the divorce...he paid no money toward the purchase or any thereafter. I was supposed to remove his name from the loan so a year ago I put the house on the market. My ex then asked for half of the equity...I told him that there was no equity. He said that if I didn't give him money he was going to hurt me by taking me to court. Needless to say it has been a source of manipulation against me from the start. He filed a civil suit for custody of our daughter, modification of child support, daycare charges, and to have his name removed from the mortgage. He lied about every issue. The judge pretty much said there was no reason for us to be in court, but since I only had a verbal agreement with my ex and my attorney provided no defence against it...I was ordered to pay the daycare charges...over $5000 within 6 months. My ex lied about his income...he is self-employed...so child support was reduced to less than $200 a month. I was also ordered to remove his name from the mortgage within 90 days. My question is...if I file for banruptcy on the house and judgement for daycare charges...can he file legal action against me?
Thank you
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 2 years ago.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

Bankruptcy removes your liability to pay the loan, they will still be able to go after him if he was a cosigner. Therefore, you will need to work with the lender to get his name off the loan, basically refinance to yours alone. Only then would that remove his liability to pay the debt. Otherwise, he can enforce the marital settlement agreeement to get you to still pay for the debt.

Terry L. :

Unfortunately, domestic support obligations do not discharge in bankruptcy either, so your requirement to pay for the daycare etc, wouldn't discharge in a bankruptcy.

Terry L. :

you would need to go back to family law court to modify that order.

Terry L. :

any questions?

Terry L. :

are you there?

Customer:

Thank you for your response. I was thinking that might be the case.

Customer:

The divorce stated he was supposed to pay for half of my daycare expenses. My family offered free daycare, but my ex refused. He said he would pay for all of daycare...it was a verbal agreement.

Terry L. :

yeah, i hear ya. Unfortunately, verbal agreements are hard to uphold in court. Best you can do is let your family handle the daycare, unless the court terms were something different.

Terry L. :

good luck to you . thanks for your question.

Customer:

Thank you

Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2527
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Terry L. and 3 other Bankruptcy Law Specialists are ready to help you
Expert:  Terry L. replied 2 years ago.
do you have any other questions?

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