QUESTION
What should I do if I am currently going into foreclosure during a divorce?
Asked on Mar 07th, 2012 on Foreclosures - Florida
More details to this question:
I'm divorced and currently have a home in foreclosure, stated in the divorce decree. This home had a 1st and 2nd mortgage. In 2009 there was a chapter 7 bankruptcy but able to keep a home and car. Despite these issues, my future husband is worried that he would be held responsible if the 2nd mortgage decides to come after me for payment, would he be held liable? Second question is my ex-husband and I have a current law suit against us and our home owners insurance for a dog bite that occurred in 2010. Would my future husband be responsible for any out of pocket costs above and beyond what the home insurance would pay out to the petitioners? Any help you can give would be greatly appreciated.
3 ANSWERS
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J.M. Cook, P.A.
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First, future husband isn't responsible for your debts, now or later. Second, again future husband isn't responsible for your debts; only joint debts. A judgment in a dog bite case would be a judgment against you and he wouldn't be responsible.
Answered on Mar 09th, 2012 at 12:29 PM
To be liable on a promissory note you must sign it. At times one can be held liable for necessaries provided to one's spouse or children. Except for necessaries, a spouse is not negligent is not liable.
Answered on Mar 08th, 2012 at 8:38 PM
Norman Linder Hull
Any liability you incurred after filing your petition is your responsibility. If you listed the first and second mortgage in your bankruptcy, your future husband is not liable for the note on your pre-bankruptcy mortgage; however, you and your former husband will be defendants in the foreclosure lawsuit. The owners of the dog and the owners of the residence where the dog bite occurred are the likely defendants in that law suit, not your future husband (unless he was residing there with you at the time of the incident). You need to get a lawyer.
Answered on Mar 08th, 2012 at 4:54 PM