QUESTION

My ex-husband is considering filing for bankruptcy since our house is being auctioned off. How will this affect me?

Asked on Jan 29th, 2012 on Bankruptcy - Florida
More details to this question:
Hi, my ex-husband just informed me that our condo is being auctioned off next month. When we filed for divorce, our divorce decree states that he is responsible for the upkeep of the house. However, he is several thousand dollars past due and now the house is being auctioned off next month and he is going to talk to the lawyers this week. How will this affect me?
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2 ANSWERS

If this debt is jointly obligated then, then he will be released of the legal obligation to pay - meaning that the creditor could not legally go after him for the debt ; however, they could come after you to collect the debt because joint debt is always an either or situation wherein each debtor is jointly liable for the debt. Joint liability allows the creditor to seek enforcement against both debtors or just one. If the debt was only held in your ex-husband's name alone, then you have no worries but if the debt is held in your name alone then you are still responsible (despite what the family court says); in the case of the latter, you could go back to family court and try to get an order of enforcement.
Answered on Feb 03rd, 2012 at 11:24 PM

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Christine Sarah Hansley
It will effect you in the case that if you are on the promissory note and they sued you in the foreclosure too then you will be responsible for the deficiency balance if the lender chooses to pursue a deficiency judgment. (deficiency balance = amount owed to lender minus the amount house is sold for at auction.) You can file a motion for contempt in your family court case for violation of the divorce court order.
Answered on Feb 03rd, 2012 at 2:47 PM

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