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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27573
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I am divorced- the Judge did not accept our agreement as to

Customer Question

I am divorced- the Judge did not accept our agreement as to our house, cars, etc. We have this written on our decree: IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the issues of a division of the non-marital and marital estate, and assignment of marital debt shall pend further orders of the court.
My ex- husband lives in the house and makes the payments. I make no payments. Since the divorce, I am having to declare bankruptcy. I do not want my ex to know about the bankruptcy since it has nothing to do with him, nor do I want it to affect his credit. How can I get my name of the mortgage and get his name off my car loan? Thank you.
Submitted: 2 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 2 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good afternoon. Is there any equity in the home?
Customer: replied 2 years ago.
We purchased the house in 2012- I don't know about equity. My ex-husband took care of all that.
Expert:  FamilyAnswer replied 2 years ago.

If you wanted to get off the home loan, he could refinance the loan, solely in his name, which would take you off. For that to be done, there would need to be equity in it. If not, then he would need to speak with the lender and see if he can assume full liability on the loan and have you removed, which they may not be so inclined to do. As far as the issue with the car, it is the same thing but could be easier, if he simply sells or trades in the car and gets a new one, solely in his name. A lender is not obligated to just remove you and if they do, they would have lost someone who they could go after, in the event of default.

Customer: replied 2 years ago.
What happens if I file without taking my name off the mortgage or off my car loan?
Expert:  FamilyAnswer replied 2 years ago.

You want to consult with a BK attorney who can look over all the facts and see what is in your best interest. It is possible that this can only be in regard to your debts and he assumes what is co-borrowed and not included, so it has no effect on him, if he will continue to pay.

Expert:  FamilyAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!