Legal Question in Bankruptcy in California

House

I own a house with someone not married I left about 8 months ago I just want my name off the house and loan and he can not get a loan only in his name plus I have a personnel loan just in my name it is up to $90,000. I can't afford anything anymore can I do bankruptcy on my loan plus the house? He has bad credit and no job right now. He won't do this the easy way by giving back house.


Asked on 7/13/09, 9:48 pm

3 Answers from Attorneys

Robert Vitt Vitt Law Firm

Re: House

In short, probably yes.

Assuming that you meet the proper jurisdictional requirements you can file for bankruptcy and get a discharge of unsecured (the personal loan) and secured (the mortgage) debts.

If you have enough appreciation in the house, ("equity") then you the trustee in your case may try to sell the property and use any money left over to pay creditors.

This would likely leave the other owner to fight the trustee.

These answers are for informational purposes only and no attorney-client relationship is formed between the person posing the question and the Vitt Law Firm.

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Answered on 7/15/09, 12:42 am
David Gibbs The Gibbs Law Firm, APC

Re: House

You most likely can file bankruptcy and discharge your obligations with respect to that house. If you have equity in the house, however, the trustee may seek to remove him and liquidate the property to pay your creditors. You should meet with a bankruptcy attorney - most will give you an initial consultation free of charge to review your situation and see if you qualify.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 7/14/09, 12:30 pm

Re: House

You could probably discharge the couse in BK, either in Chapter 7 or 13, depending on your situation. Either way, if he can't keep paying for the house on his own, the bank will foreclose on it. If there is equity in the house, then the trustee will likely take it and sell it.

You should speak with an attorney about all these issues.

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Answered on 7/14/09, 1:16 pm


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