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.
3 Answers from Attorneys
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.
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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.
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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.