QUESTION
Do both parties have to sign the agreement if both names are on the home title?
Asked on Apr 12th, 2012 on Bankruptcy - Georgia
More details to this question:
Im divorced and my exhusband never refianced to get my name off the loan. He filed chapter 7 instead. I never signed for this, is this legal?
9 ANSWERS
Daniel James Wilson
Yes.
Answered on May 30th, 2013 at 1:58 AM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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It is impossible to tell what you are asking. He does not need your permission to file. The title of the house, and other questions, however are subject to whatever the dissolution decree did.
Answered on Apr 24th, 2012 at 4:22 PM
Yes, very much so. If he defaults on the house note, and you are the co-signer, your recourse is to file your own bankruptcy and/or consult a divorce attorney if the terms of the divorce decree were violated by him.
Answered on Apr 17th, 2012 at 11:20 AM
Bankruptcy Chapter 7 Attorney serving Los Angeles, CA
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Bereliani Law Firm, PC
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Yes he filed bankruptcy on his own debt and his portion of the liability on the house. You should consult an attorney, specifically a bankruptcy attorney, but if your husband stops payments on your home and the house falls into foreclosure the bank can foreclose and try to collect from you but he is protected from them collecting from him because his obligations on the house are discharged.
Answered on Apr 16th, 2012 at 2:13 PM
Appellate Practice Attorney serving Cheyenne, WY
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Lynn Boak Attorney at Law
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An individual can file Bankruptcy without the ex-spouse's consent after divorce. You might want to review his bankruptcy filing to see what happened to the house. If it was sold to pay his creditors, this may have an effect on your credit rating. He probably couldn't refinance the mortgage to get your name off the loan.
Answered on Apr 16th, 2012 at 2:09 PM
John R. McNeal
It is legal from a bankruptcy perspective, but he may be in contempt of your divorce order.
Answered on Apr 16th, 2012 at 1:49 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Is what legal? I am going to guess at what you might be asking. The simple answer is - if the owner wants to keep the house then they need to pay for it. This can be done by paying the normal monthly payment or a loan modification. It would be wise for the owner or borrower to obtain legal counsel to determine their rights and/or obligations. Make sure to contact an attorney in the state where you live.
Answered on Apr 16th, 2012 at 12:50 PM
Trusts & Estates Attorney serving Camarillo, CA
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Law Offices of Larry Webb
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What agreement are you referring to? As to the bankruptcy, yes he can.
Answered on Apr 16th, 2012 at 10:57 AM
Bankruptcy Attorney serving Atlanta, GA
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Jakob-Barnes Law Firm, LLC
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Your ex-husband can file bankruptcy without you. His bankruptcy will relieve him of his personal liability as to the mortgage. His agreement does not change the original agreement you had with the creditors. You are still liable for any payments. You may want to think about filing bankruptcy also.
Answered on Apr 13th, 2012 at 2:12 PM