In this set of circumstances, due to the fact that the couple is not married, the non-bankruptcy filing person of the comparable will be liable for all of the mortgage. Basically if two people on a house, and one file bankruptcy, that person walks away from the mortgage if they received a discharge and are no longer liable for any mortgage payments. The remaining person who has not file bankruptcy, now is required to pay all mortgage payments or file their own bankruptcy.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
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Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
Answered on Mar 11th, 2014 at 12:28 PM