What can I do if my ex husband didn’t do the order of the court and has filed bankruptcy and do I have any recourse?

Was there a provision in the Judgment of Divorce requiring him to refinance and remove you from the obligation or did the judgment require he hold you harmless from the debt. If so, you may be able to seek relief from your divorce court.

You have to enforce your rights in bankruptcy court.

Since your ex-husband has filed bankruptcy, he may be protected by the Bankruptcy Code. To determine what actions you may take against him, it would be necessary to review your Judgment of Divorce. Most likely, the Judgment of Divorce will contain language that will take you off the deed but it has no effect as to the mortgage. The Judgment of Divorce settled the issues between you and your ex-husband but cannot force the mortgage lender to release you from the mortgage. However, some provisions of a Judgment of Divorce are not dischargeable in bankruptcy. You need to speak with an attorney knowledgeable in both divorce and bankruptcy law.

In South Carolina, this will all depend on the timing of his bankruptcy and your divorce decree as well as the terms of your divorce decree and/or settlement agreement. It appears, based on the facts you have given here, that he may in violation of your divorce decree which is a Court Order. There are ways to hold him accountable for violation of a Family Court Order in Family Court. I clearly advise against any reliance on the information contained herein as advice or application of it to a specific situation without a more thorough consultation with counsel.

See an attorney NOW. The dischargability of debts,incurred as a result of a domestic relations order is limited, if you know what to do. You must act to minimize you damages.