Will is my potential liability if my ex filed for Chapter 7?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Will is my potential liability if my ex filed for Chapter 7?
My ex-husband just sent me his bankruptcy filing. The only debt my name was on with him was the second mortgage to our home that was foreclosed on 8 years ago. Will I have to pay for this debt if he won’t?
Asked on May 14, 2012 under Bankruptcy Law, Michigan
Answers:
Jaclyn Markert
Answered 12 years ago | Contributor
Yes. You and your ex are jointly liable on that debt. That means that the mortgage company can choose to collect the debt from just you, just your husband, or from both of you, until the obligation is paid in full. Once your husband receives a discharge in his bankruptcy case he will no longer be liable on that debt - the bankruptcy extinguishes his obligation to pay. But it does not wipe our your obligation to pay because you did not file a bankruptcy case. You may want to consider filing your own case to protect yourself from the mortgage company suing you.
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.