You have a couple ways to protect the home from the bankruptcy.

First, if you can accomplish the refi now, this would be the simplest course of action. This would remove it from her name and, of course, remove it from the jurisdiction of the bankruptcy court. However, as it sounds like this may not be possible yet....

If you can't accomplish the refi now, you still can protect the house. Your wife would need to re-affirm the debt. Many debtors will re-affirm some debt, whether it is a house or a car or whatever. Then, the item attached to the debt is excluded from the bankruptcy. Additionally, you have a divorce decree, a document signed by a judge, indicating that she no longer has any interest in the home. Further, she is executing a quit-claim deed, again indicating that she has no interest in the home.

I would suggest contacting her bankruptcy attorney. Make sure he is aware of the status of the home and indicating that you need to be informed of any issues of the bankruptcy involving the home.

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Your divorce attorney didn't do the quit-claim for you? This is typically included within the divorce. Regardless, waiting until Monday shouldn't hurt, the bankruptcy can't proceed over the weekend either.

From your original post, it sounded like she "is filing" and has not yet filed. If so, it's not an issue at all. If she has already filed, you should still be fine as she has already agreed that she has no interest in the home.

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Based on your initial statement that you had been "paying the mortgage alone for 2 years now", I assumed 2 years had run since the divorce. I suppose you meant only that she moved out 2 years ago, not that the divorce was 2 years ago!

The scenario you described is different from handing "all the assets to one and the debts to the other", this describes a potentially fraudulent transfer in an effort to avoid the bankruptcy court. This does NOT apply to your situation.

Again, you should be perfectly fine. Contact her bankruptcy attorney and make sure you stay informed. Also, go ahead and move forward on the quit-claim deed to assist in resolving the issue.

Assuming you haven't tried the refi yet, it would be wise to contact the mortgage company and look into it's feasibility, this would clearly resolve the problem quickly for you.

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