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Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2900
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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I want my question to be clear and my answer as well. I have

Customer Question

I want my question to be clear and my answer as well. I have lived in my hme since 2005. My husband moved out in 2007. I filed taxes alone in 2008 after I realized he was just pretending to reconcile to get his green card. Since he left me with some debts, I got behind on some bills and the credit for both of us is not so favorable. Recently he quit his job to go bck to school. He says the loans are not enough to live off of and he cannot borrow money because he says his debt to income ratio is too high (how can u get a loan without a job?). Anyway, he now says he is going to file for bankruptcy. We are still married. I cannot refi the house that is in "both" our names because of the credit and I am the one paying the mortgage because my children and I are in the house and he has left the state. I am under remodification right now and the mortgage company knows the situation.Can he just get out of this and put us on the street like that? Do I have any recourse? Can I sue him?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 7 years ago.
If he files for bankruptcy, his debts will be discharged for him. You are only responsible for the debts that you signed on, or cosigned joint accounts such as the mortgage. If you try to sue him, you could, but, asbsent fraud, the claim you have would be dischargeable in his bankruptcy case if he does file. To make things easier, you should have him quitclaim the property to you, so that after his bankruptcy, you will be the only one on the home to make it easier to refinance. A loan modification may be the best option at this point. You can look at a bankruptcy too, to remove any cosigned debt, so you are not stuck with his bills. You can choose to reaffirm the mortgage in the case, so you can keep the home as well.
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Customer: replied 7 years ago.
Sorry I forgot to accept. I have spoken to another lawyer and was told pretty much the same(real estate). I was told that it shouldn't affect me too much (except that I have to get a car) and since there is no equity in the house, it may be in the company's best interest to let me keep it since I am an owner too. Is there anyway I can get him to sign a quit claim deed? I have done the modification and the mortgage company has allowed me to sign as the co-borrower (left the other borrower blank) and now that they have created the new terms and interest rate, they are asking for him to sign it. We both have to sign and get it notarized but I've done it alone thus far and just sent an affidavit as to why he is not available to sign.
Customer: replied 7 years ago.
There's a tip in it
Expert:  Terry L. replied 7 years ago.
Thank you very much, best of luck to you.