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Ask cfortunato Your Own Question
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Hi, I am in a bad predicament. I divorced last year and as

Customer Question

Hi, I am in a bad predicament. I divorced last year and as the decree states we are to both pay half of the house payment until the house sells. A few months ago my ex let me know that he is being sued for a business deal and that he will upon judgement file bankruptcy. He is also an attorney and I do believe that he is not beyond trying to "pull one over on me" so I searched the public records to see if there was any record for this suit. I could not find any. Assuming that he is actually being sued and that he is going to file bankruptcy, how does this affect me? He said something about a lien being placed on the house. My questions there any way to prevent a lien being placed on the house because I had nothing to do with this suit. Second, if he files bankruptcy, will he no longer be responsible for paying his half of the payment? Thank you so much for your help.
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  lwpat replied 7 years ago.
I assume that you both own half of the house and that neither of you are living there.
Customer: replied 7 years ago.
I am living at the house and have interest in putting the mortgage in my name, but not if he is trying to pull one over on me. He is willing to quit claim.
Expert:  lwpat replied 7 years ago.
You either need to refinance and put it in your name or sell the house. Talk to the mortgage company and see what you can work out.
Customer: replied 7 years ago.
I am a well educated woman. I realize that those two things are the best case scenario, unfortunately real estate isn't moving very well and it will take literally years to sell the house as homes in my subdivision have been on the market that long. Refinancing is going to be difficult as well because of the market. I think that you should answer the question that was posed to you about the lien and the bankruptcy.
Expert:  lwpat replied 7 years ago.
I will opt out and transfer you to the bankruptcy forum.
Expert:  cfortunato replied 7 years ago.
Hi JACustomer,
1) If the creditor does sue your husband, and then gets a judgment, a lien can be placed on the house, unless your husband files for bankruptcy protection, which can have the effect of eliminating or preventing a lien. The fact that you also own the house, even though you had nothing to do with the debt, will not prevent a lien.
2) Debts that are incurred per divorce decree are generally not dischargable in a bankruptcy proceeding, so your husband should remain responsible for making the mortgage payments despite a bankruptcy filing.