My husband and I are legally separated. I got the house in the settlement but he has to pay the mortgage payments until the house is unencumbered. Now, he wants to file for bankruptcy because he claims he can’t make the mortgage payments. Will my daughter and I lose our home if he does this?
I cannot say for sure what will happen in bankruptcy court, but I can say that if the payments for the home are support payments (characterized as child support or alimony) those are not dischargeable as debts.
The mortgage payments are not alimony or child support. My daughter isn’t his. I am her aunt/ legal guardian. He never adopted her. Separation papers say he is to pay all mortgage payments until the house is unencumbered. I am his dependant since I never worked the whole 8 years of our marriage. My daughter has Epilepsy and a learning disability so my husband and I agreed that I would be a stay at home mom. Is there anything I can do if he files bankruptcy since my name is on the deed to the mortgage? I am so scared we are going to lose our house. It’s bad enough he walked out on us and now he wants to take out home. Please tell me there is something out there for me to do.
You will need to join the action as a creditor.
What does that mean to join the action as a creditor and how will I do that?
You need to consult with a bankruptcy attorney, but basically you need to join his bankruptcy action and have yourself listed as one of the creditors.
He won’t tell me who is handling this bankruptcy. Can I go to the bank that he took out the mortgage on our house and find out? I am at a loss because alimony is all the income I have and he knows I can’t afford an attorney.
The notice should be in the classified section of the newspaper.