What can I do regarding a divorce, bankruptcy and a mortgage?
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What can I do regarding a divorce, bankruptcy and a mortgage?
My name on the mortgage but my ex-wife was awarded the house in the divorce. However the story gets worse. We both filed for bankruptcy before the divorce and just 7 months ago they let me and only me out the bankruptcy. The payments then stopped going towards the mortgage as I am the only on the house and it was going into foreclosure which I was fine with. However, then my ex-wife recently made payments to catch back up but will not refinance or consume the loan. I need out of this but don’t know my options. Am I allowed to sell the house even though it was awarded to her in the divorce? What can I do?
Asked on November 12, 2012 under Bankruptcy Law, Michigan
Answers:
eric redman / Redman Ludwig, P.C.
Answered 12 years ago | Contributor
if the divorce court said that she gets the house then you should not sell it. if she falls behind in the payments , then go to court and ask for permission to sell it. if you got a discharge in the BK then it doesn't matter- you do not owe the debt anymore. deed it to her and she can deal with it. your facts are not clear and likely need to have a discussion to get them straight and figure best course.
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