Me ex husband wants to file bankruptcy. He says he can do this without it affecting me. Is this true?

Asked by Diana, 30189 Thu Jan 3, 2013

He did the quit claim, but I was told that I couldnt remove his name off the house without a refinance which isn't possible because there isn't any equity and I'm currently under. So the house is still in both of our names.

None of his other debt is tied to me in any way. The only thing we have together is the house. I have been stuck in the house because we're under and I cannot sell it, but I have been making payments and can afford to stay in it until it is ready to sell.

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James Wehner’s answer
James Wehner, Agent, Scottsdale, AZ
Fri Jan 4, 2013
As the others have mentioned, you will need to consult with your attorney and accountant. Everyone's situation is different. You will need legal and financial advice regarding your specific situation. Best of luck!
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Laura Myers…, Agent, Scottsdale, AZ
Thu Jan 3, 2013
Do consult an attorney for yourself. When a person files for bankruptcy they claim all debt they are responsible for in this case your husband is going to claim the house as he is advising you. If the courts rule he can claim the house in the BK and it is then discharged that clears him from that responsibility. It will not clear you and you want to make sure what that means to you in the short and long term.
Best of luck to you
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Jeffrey Masi…, Agent, Scottsdale, AZ
Thu Jan 3, 2013
Talk to your lawyer. You will need to share your personal situation with your attorney to get the proper answer.
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Jennie Miller…, Agent, Phoenix, AZ
Thu Jan 3, 2013
You will certainly want to discuss this with an attorney.
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Brenda & Ron…, Agent, Mesa, AZ
Thu Jan 3, 2013
You will want to seek the advise of a good attorney. You may be able to refinance with the HARP program or a FHA streamline.
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Doug McVinua, Agent, Gilbert, AZ
Thu Jan 3, 2013

This is a question for a good attorney that understands bankruptcy and also lending/real estate law.

I have one in Chandler that I think would fit the description if you would like?

You do want to be careful as this could potentially effect you, the house, the loan etc. You do have options if you wanted to sell it also.
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Cindy Adair, Agent, Fountain Hills, AZ
Thu Jan 3, 2013
Dear Diana,
Since you and your husband are the original signers on the loan, you are both responsible for the debt, even though you have changed the title to the property. I would suggest you seek legal advice from an attorney since you need information relating to the bankruptcy laws.
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Joseph Domino, Agent, Scottsdale, AZ
Thu Jan 3, 2013
If both names are on the mortgage removing his name from title won't do any good and may be illegal.

If he files fobankruptcycy, he may be able to have mortgage dismissed, but that does not help you.

You need a lawyer, you cannot afford to not have a lawyer. Without a lawyer you will most likely get the short end of any dealings. It is too complex to handle yourself.
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Bill Parker,…, , Scottsdale, AZ
Thu Jan 3, 2013
Hi Diana:

The pat answer you are going to get is that you need to consult a bankruptcy attorney and for that I would recommend Brian Utsey at 480-538-5024 or

As to the possiblility of refinancing an underwater mortgage, have you looked into the HARP 2.0 program for Fannie and Freddie loans, or the FHA Streamline program for FHA loans? In most circumstances none of these requires an appraisal and can significantly lower your monthly payments. I would be glad to answer your questions in this arena.

Bill Parker, Loan Officer
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CPA--Licensed, no longer practicing

GenCor Mortgage Inc.
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