QUESTION
Do I have to file for bankruptcy as well if I am separated from my husband?
Asked on Jan 27th, 2011 on Bankruptcy - New Hampshire
More details to this question:
I am separated from my husband and our home is going into foreclosure. He wants to file bankruptcy and I do not. Can I do a quick claim deed to get my name off before he files?
6 ANSWERS
You do not need to file bankruptcy because your husband is filing bankruptcy. You do not need to quitclaim your interest in your home to your husband. Quitclaiming your interest in the property to your husband will not remove your name from any loan.
Answered on Feb 05th, 2011 at 11:43 AM
Trusts & Estates Attorney serving Camarillo, CA
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Law Offices of Larry Webb
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Are you on the mortgage? As long as you are married or a co-debtor, he will have to list you in the appropriate schedules. The local rules vary a great deal on use of exemptions by a married person filing separately. Consult with a local attorney.
Answered on Jan 31st, 2011 at 4:43 PM
Chapter 7 Bankruptcy Attorney serving Lisle, IL
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Mankus & Marchan, Ltd.
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You need not file bankruptcy jointly with your husband. However, you might be liable for any shortfall if your home is sold by the bank after foreclosure - if you signed jointly with your husband on the home loan and mortgage. Consult with a real estate attorney.
Answered on Jan 31st, 2011 at 11:28 AM
William C. Gosnell
If your husband files Bankruptcy you need to file also. you can quit claim deed the house but you are probably liable on the mortgage. So the mortgage liability is on you.
Answered on Jan 29th, 2011 at 9:58 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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You are not obligated to file bankruptcy, just because your husband does, however if you are on the loans that are discharged through bankruptcy, the creditors can still come after you for their money. Simply removing yourself from the title will not protect you from their collections efforts.
Answered on Jan 27th, 2011 at 6:43 PM
Family Law Attorney serving Kingston, NH
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DiManna Law Office, LLC
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No, that does not solve the issue of you being on the loan if you are on the loan. You should consult with a bankruptcy attorney to find out your options.
Answered on Jan 27th, 2011 at 5:28 PM