My ex-wife is filing for bankruptcy to remove the mortgage loan debt from her name on the property we both own. She is the primary and I am secondary

I received this question all the time, it seems to confuse many people. On a home loan there is no primary and secondary signers, who ever signed a mortgage you are jointly and severally liable for the entire debt. What does this mean? If you sign a mortgage, regardless of what the other person is doing you are responsible for the entire mortgage. What this mean in the real world? If the mortgage ever falls behind, all parties to the mortgage are responsible for the mortgage payments. It is also important to understand that divorce court has no bearing on mortgages. Let me say this again, what ever the judge in your divorce stated had to be done, will not protect you from a mortgage. Divorce judge's have no control over a secured debt. What do you do this point? You must behave as if you're the only one paying the mortgage and act appropriately. Obviously if you're not living in the home and you're not going to be keeping the home because it was given to your spouse a divorce you not want to pay this. At that point your only option is to file for bankruptcy in have the debt discharged. You may attempt to sue your spouse in divorce court or file a motion for contempt, but this is not meant have any bearing on the mortgage and you will still have to deal with the lender. 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 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob