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Additional Details
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Additional Details
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cleopatra | I'm in the process of getting divorced. can my husband make me lose my house if he declares himself bankrupt |
i am unable to work due to long term sickness and my husband has left and me in lot of debt and he too has alot of debt . He wants to decalre himsefl bankrupt to start a clear slate but my worry is losing my home. Can his trustee make me sell my house to clear his debt that is not secured. pls advise me i sick with worry. |
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flashrtp
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For god sake go see an attorney! This is a volatile situation and could hurt you in the long run. Laws in each state are different. Your bank where you have the home loan can help you. If you personally own the home outright most likely he can't touch it. but if both your names are on it then trouble is just around the corner..So Please go see a lawyer and take all your home loan and deed information with you..Good Luck and stay on top of this, don't take anything for granted nor believe anyone other than you attorney.. |
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gund
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Please, Please! Go see an attorney that offers free 1st time consults. OR at the least, call your states Bar association referral line. You pay $35.00 to talk to an attorney for 30 minutes either in their office or over the phone. That way you will have more info and a plan of action.
I cannot stress how much you need to hire an attorney separate from your husbands'. I have a friend here in GA who just walked away from her house since she is getting back with her husband and he is filing for bankruptcy and convinced her to give up the house to pay his debts! Don't let this happen to you.
See an attorney right away. |
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Jomtien C
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yes. When he is bankrupt all his assets are taken into account to settle his debts. This includes his house. |
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alatoruk
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in an ideal world the official receiver doesnt want the agro of dealing with the house, so what they want to do is get you to buy out your husbands share of the equity in the property. which they will handle for a small admin fee (plus the amount of equity) from you.
however if you are not in a position to buy him out then they have the right to sell it out from under you. If there are dependants then they have to wait to allow you to fid somewhere else to live (but there is a limit to the time they wait) after which they can sell.
remember, you will be able to re-mortgage the house to pay for all this, but if your not working...... |
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Gem
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If you are on any of the credit cards/loans that he files bankruptcy on, you will be 100% responsible for paying these debts if your husband files bankruptcy. So the short answer is if you don't file with him, you will soon find yourself in bigger debt than you are now.
Even if all the debts are declared his debts by the divorce decree, the creditors could care less and are not bound to follow the decree.
The only way to protect your home, would be to get his name off of it by mortgaging it in your name only, after the divorce is final.
You need a good lawyer and you need to consider that you might be filing bankruptcy. Under the new laws and unless your house is worth a lot of money, you can probably keep your house. But without a lawyer, you will be hung out to dry by his lawyers and his bankruptcy.
Sorry |
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pepper_y2k
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this is the last place to be asking how to handle that kind of problem. Ask a PRO..You will get to many wrong answers here.. |
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dustin w
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He cant file bakrupt if you are still married with out you and if he does it after well he is on his own because you will get the house in court so you will have to spit the cost of the house first he gets half of everthing bills ect. you may have to refinace the house to keep it and pay him his share get a lawyer fast very fast to fear dont let anyone tell you that crap.FIGHT FIGHT WITH ALL YOU MIGHT LAWYERS DO WONDERS |
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NONAME
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oklahoma bankruptcy laws state you can include your car and house in the bankruptcy but as long as you are making the payments they can not take them from you - just dont be late - it takes a lot to get someone out of thier house. Note - when he is in a bankruptcy all his assets (joint) belong to the trustee. Call an atty - |
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Pink
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Unfortunately I think the judge can order the sale of the house and you split the profit after the mortgage is paid off. Take care. |
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