Legal Question in Bankruptcy in California

Old mortgage liability

My live-in girl friend and I bought a condo in 1991 with both our names on the paper. We sold it in 2000. We are separated since the year of 2000. I have a notarized paper (prepared from an attorney) in which she confirmed that she did receive her part of the money from the sale of the condo, and also any issue arising from that condo from any party in the future will be voided. I bought a house in the year of 2000 with only my name on it. Her name does not appear in any of this real estate forms.

I just learned that she is going to file for bankrupcy. Can her creditors look into the past and bring up a dead issue on the condo? Even if I have all the legal papers to fight back, but I just would like to know in advance.

Thanks for your help.


Asked on 8/26/03, 1:53 pm

2 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Old mortgage liability

Has the mortgage on the condo been paid off? Do you still have any debts jointly with her? If not, her BK will not likely affect you, but you should confirm this with details with a bankruptcy attorney.

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Answered on 8/26/03, 2:12 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Old mortgage liability

I concur with Mr. Johnson's response. Another person's bankruptcy should not appear on your bankruptcy if you are not jointly responsible for the debt. Even if, say, you are an authorized credit card user (but are not responsible for payment on the credit card), it should not be listed on your credit report. Hope this helps. -Robert

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Answered on 8/26/03, 4:37 pm


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