I am sorry to say but none of his criminal activities have any real bearing on your case. The fact that he has filed a chapter 7 bankruptcy, he is no longer liable for the mortgage on the property. If the bankruptcy court discharge the mortgage from him, that puts the mortgage completely on your shoulders. At this point it seems as if you have two options. One option would be to file chapter 7 bankruptcy yourself, and then sign over the deed completely to his name, if the bank does not take the property at that point. Option two would be to take him to court for him to either be able to buy out your have to the property or to force a sale, which would be used to pay off the mortgage. You are in a very bad situation and there really is no way out that's a good decision. Also if you're trying to be eligible for disability, the sale of the property may bar you from being eligible, unless you use any proceeds that are remaining on legitimate expenses all at one time and then apply for benefits. If your main concern is being eligible for SSI then I would suggest filing chapter 7 bankruptcy, at which point the bankruptcy trustee will most likely take the property anyway or if the debt is discharged you could simply sign over the deed to his name.
I have responded to your inquiry according to the laws of Massachusetts, where I practice. 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 & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com
126 Shove Street Unit 202 Fall River, MA 02724
Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147
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Answered on Mar 01st, 2012 at 12:25 PM