QUESTION

If my husband and I are both on home title but he is the only one on mortgage, if he declares bankruptcy what is my situation?

Asked on Aug 08th, 2017 on Bankruptcy - Wisconsin
More details to this question:
Do I need to declare bankruptcy as well? What are the legal consequences for me?
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3 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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You own 1/2 interest in Tempe property free and clear, he owns a 1/2 interest subject to the mortgage. If he declares bankruptcy, he is no longer personally liable on the mortgage but his 1/2 interest is still subject to the mortgage. If he stops paying the mortgage, the usual result is the house is foreclosed and you split the proceeds with the lender.
Answered on Oct 20th, 2017 at 6:58 PM

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The two major parts of a home closing are (1) the mortgage itself, which grants the lender a security interest in the property you are acquiring, and (2) the mortgage note, which promises payment. So the question will be if you are on the mortgage note, even if only your husband is on the mortgage. Husband's bankruptcy will discharge his obligation to pay, but he could do a reaffirmation on the debt if you want to keep the home and get good credit scores for your timely payments. It also obligates to pay the total balance on the mortgage over the years remaining.
Answered on Oct 18th, 2017 at 5:39 PM

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Not necessarily. Meet with an experienced lawyer. Any lawyer worth their salt will charge you for the consultation, since you are not filing and want to figure out where you stand. I would ask between 60 and 80 questions before I could properly answer your questions.
Answered on Oct 18th, 2017 at 5:39 PM

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