Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Hi JACustomer,Given the information you provided - 1) Your Bankruptcy filing will not affect her mortgage. In other words, the mortgage cannot "call in" the mortgage if you file a Bankruptcy.2) Your Bankruptcy filing will not create grounds for changing the divorce decree or property distribution.3) You cannot re-affirm a mortgage that is not in your name.
I think this is what you wanted to know. If not, please let me know.
When you said the mortgage was in her name, I assumed it was not in your name.
Is the mortgage in your name also?
Your Bankruptcy filing will not affect the mortgage because it is not in your name. In fact, there is no reason for the mortgage company to know you filed, as the mortgage company would not be included as a creditor on your Bankruptcy paperwork.
You have no responsibility to the mortgage company, so there is nothing to discharge.
Additionally, if you no longer want to pay the mortgage, your obligation to pay - per your divorce decree - can also be discharged. This means you would not be in violation of the divorce decree.
What you described is a common scenario. Your ex-wife's attorney should have set it up so that you had to pay your ex-wife directly. If this had been done - and many divorce attorneys do not know enough about Bankrutpcy Law to properly protect their clients - your obligation to pay the mortgage would not have been dischargeable. Bankruptcy Stat. 523(a)(15).
(Of course, if you do stop paying the mortgage, the house will be subject to foreclosure.)