What happens to my mortgage and home if they are still in my ex wife’s name and she declares bankruptcy?
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What happens to my mortgage and home if they are still in my ex wife’s name and she declares bankruptcy?
Asked on October 10, 2014 under Bankruptcy Law, Delaware
Answers:
Anne Brady / Law Office of Anne Brady
Answered 10 years ago | Contributor
If it is in your ex-wife's name only and she is still living there, the home will probably be exempt as a homestead and the mortgage will survive the bankruptcy. If the house is in her name alone and you are the one living there, you are basically a tenant, and the house will be lost in the bankruptcy. If it is in both your names, the bankruptcy trustee is going to want to recover her 1/2 interest in the equity you have in the house. See an attorney.
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