My wife and I are in the middle a very ugly divorce. Would family court rule that I have to make payments on the house even if I include the mortage in my bankruptcy?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
My wife and I are in the middle a very ugly divorce. Would family court rule that I have to make payments on the house even if I include the mortage in my bankruptcy?
She also cannot afford the payments but says she refuses to file bankruptcy.I’m in the process of filing for chapter 7 bankruptcy and plan to include the house because I can’t afford the payments.
Asked on March 12, 2009 under Family Law, Ohio
Answers:
Denise Ferguson / Denise Ferguson Attorney At Law
Answered 15 years ago | Contributor
When in the midst of a divorce, the court will inquire as to whether you are in bankruptcy or considering bankruptcy. If you file bankruptcy, your wife will be listed as a creditor if she is a cosigner on anything and because you are in a divorce. You will need to apprise the court that you are filing bankruptcy so that the court can take that into consideration.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.