QUESTION
My husband and I have separated, which is under foreclosure with a sale date next can he file a chapter 13 and take it?
Asked on Mar 20th, 2013 on Bankruptcy - South Carolina
More details to this question:
My husband and I own two home together and one has a sale date. He locked me out of the home and our child and I are currently living in an apartment until we get to court for a decision by the Judge. Can he file chapter 13 and take the house from me and do a modification without me. What can I do to get the deed signed over to me. I have our daughter now, but we have custody hearing next month. I heard that if I get custody of the child I can get the house back also. Please help me.
7 ANSWERS
You need a lawyer to help you review the promissory note and deed of trust. A bank probably will not do a loan modification without your involvement if you are on the loan or the deed. You can sue for a clarification.
Answered on Apr 04th, 2013 at 9:51 PM
If your name is on the deed, your husband can't do anything with the property without your signature. The bankruptcy will do nothing more than postpone the sale until the lender applies to the bankruptcy court for relief from the automatic stay. The only way you can get jointly owned property into your sole ownership is through division of property in the divorce proceeding.
Answered on Mar 25th, 2013 at 8:02 PM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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You need a lawyer.
Answered on Mar 21st, 2013 at 2:17 PM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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If your name is on the deed, he will not be able to do anything to the house without your signature.
Answered on Mar 21st, 2013 at 1:04 PM
2 Awards
He cannot do anything without you while you are married.
Answered on Mar 21st, 2013 at 1:02 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Those may be divorce questions. Your husband does not need your consent to file a chapter 13.
Answered on Mar 21st, 2013 at 1:01 PM
Bankruptcy Attorney serving Charleston, SC
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Davis Law Firm
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You need to get to a domestic relations attorney at once to discuss your rights. A judge could award you the house or a judge may not award the house to you. What you hear does not matter and without an attorney, your chances of success are limited. Unfortunately, what happens at the first hearing often determines the outcome of the case in a Family Court case.
Answered on Mar 21st, 2013 at 10:18 AM