I am over my head in debt. Mainly credit card debt from loss of income. I have a stead job now but can't get caught up. I

That is incorrect, you can file for chapter 7 bankruptcy in keep your home as long as the mortgage payments are up to date. The only time a problem would occur is if you're payments went behind or there is so much equity in the home is not covered by your chapter 7 bankruptcy exemptions, such as a declaration of Homestead. Since your ex spouse is paying for the mortgage payments this will not be considered one of your expenses and would not even be considered by the bankruptcy trustee as long as all payments are up to date. You will have to provide them the divorce decree which proves that you are not the one responsible to pay the mortgage and that your ex is in fact paying the mortgage. The only way a bankruptcy trustee would be able to take your home would be if it was completely paid off, the bankruptcy trustee can never sell property that is up to date on the payments and the payments are continue to be made. There are situations such as liens that other people have put against the home and they may want to foreclose or they may want the chapter 7 bankruptcy trustee to foreclose so he can get them the money. But as long as there are no liens on your property and your payments are up to date you will be fine filing chapter 7 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. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    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