my daughter is divorced - no property settlement yet. "Ex" just filed for bankruptcy & did NOT list her as co-owner/debtor on the home where she lives w/the 3 children. He wants to "give up" home to satisfy loan. Can he do that w/out her OK? Who should she contact? Lives in Delaware. He's remarried & apparently lots of discrepancies in his filing.
State/Country relating to question: Delaware
Nothing - just heard about it this morning.
Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.
In bankruptcy, a debtor can choose to keep a home (reaffirm) or surrender the home.
if surrendering, the debt is discharged in the bankruptcy.
The debtor stays on the title though, until the property is sold, quit claimed or foreclosed on.
The mortgage is discharged for the debtor.
Now, any subsequent property settlement can still force the debtor to pay for the mortgage payments, if that is what is agreed upon and ordered in the case.
The spouse can still make payments too if she wants to keep the home.
i mean your daughter, not spouse.
If she is the co-owner, and there was no property settlement, then she is 1/2 owner.
If she is on the mortgage, then she's responsible for the whole mortgage too, since it doesn't sound like he was ordered in the divorce to make payment.
While these errors on his petition are big, it doesn't change anything legally though.
Let me know if you have any other questions.
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Thanx. Again, my question is: can be, by himself, via bankruptcy, "surrender" the house, even tho my daughter is the co-owner (on the mortgage) & had no prior knowledge of his bankruptcy & does NOT agree. In other words, can the bank (Sheriff?) just show up & order her & the 3 kids out of the home? If so, what are her legal options? The bank won't speak w/her (although she did get copies of his petition.) They owe $90k on the mortgage. House is worth approx $200k.
By surrender, it only means he's not liable for the mortgage payment.if the loan is current, and your daughter keeps it that way, then there is no issue. If the loan is delinquent, then it can go into foreclosure.So surrender, really applies to the debt. The bank would have to go thru the legal foreclosure process, she won't just get kicked out.There is no dispute she can make in the bankruptcy regarding surrender, it's one of the choices a debtor gets. She's still the owner, and can keep the property if she chooses, she just has to pay for it. If she is on the loan, she's on the hook for the payments. Maybe he can quitclaim it to her, since he doesn't want it anymore.any other questions?
Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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