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Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26439
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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I was divorced in 2007 and in the divorce my ex husband took

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I was divorced in 2007 and in the divorce my ex husband took the house and the debt for it. he was not able to refinance it so my name stayed on the loan and the title until the debt was settled to me. in the divorce decree it stated that he could not sell or refinance and at the time it was payed off that he would have it appraised and then start paying me my half of the house. the problem is i received a notice that he was filing for bankruptcy i think chapter 13. since we are still in contact due to our kids i ask him about it. he said the house was not part of the filing. i have been checking my credit and he was paying the mortgage on time and it was not in default. i did not see any negative reports on my credit due to this. so i have no reason not to believe him. i know our original loan would have been paid off last year or this year (not sure which). and i also know it no longer shows on my credit report. my question is what could his bankruptcy do to my owner status of half this house. he has remarried and he and his wife have been living in this house. i would like to get the last remaining item with him settled. but i would also like to get my fair share of the house. i just don't know where to go to make this happen. do i need to talk to a lawyer and if so what kind.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney in Tennessee. Thanks for looking me up.

One question - is there a lien/mortgage still on the property?
Customer: replied 1 year ago.

no i think that it is payed off but i am not sure since it no longer shows up on my credit report.

Customer: replied 1 year ago.

I guess what i am asking is if i can find out do i still have a claim to the house and how do i find out. i never signed anything to take my name off of the title. but since i was notified of his bankruptcy i am afraid that he has found a way not to give me what is rightfully mine.

Expert:  Roger replied 1 year ago.
So sorry. I lost my Internet connection for a moment.

I'm working on your answer now.
Expert:  Roger replied 1 year ago.
You cannot lose your interest in the house unless you sign a deed over to someone else for your interest.

This, his filing of bankruptcy will not take away your interest. Also, because he's filed a chapter 13 (which is a reorganization of debt and not a liquidation), the property should not be subject to being lost or sold because a chapter 13 debtor gets to keep all property.

However, even in some situation where the property was at risk to a creditor or the bankruptcy court/trustee, ONLY his 1/2 interest would be subject to the being sold - not yours. You would be entitled to your 1/2 interest.

Also, if there's a court order that designates him to transfer his interest to you, then it could be considered as a form of alimony - which could make the property immune from being subject to the bankruptcy.

You may want to consult your divorce attorney about the bankruptcy and also about filing a proof of claim for your interest in and claim to the property based on the divorce decree and property division agreement.
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26439
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 3 other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.

thank you for your help that makes me feel better.

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