Legal Question in Bankruptcy in California

Responsibilities due to seperation and spouse filing bankruptcy.

My wife and I have been seperated for approx. 2 1/2 years, and she recently filed for bankruptcy. I just found out that her mortgage showed up on my credit report. I was the cosigner of the mortgage originally, but in our seperation papers(filed in N.C.), it states that she assumes total control and responsibility for said property. It also mentions that she agrees to file a quit deed claim. Unfortunately, I have no idea what any of this means. How can I get this removed, or what steps do I need to take to rectify this situation.


Asked on 3/21/01, 6:51 pm

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Responsibilities due to seperation and spouse filing bankruptcy.

In order to be removed as a co-signer on the loan, you have to get the written approval of the mortgage lender. The state court order has no effect on them. At this point, you may have the ability to challenge the discharge of the debt your wife owes to you (via non-payment of the mortgage) but you must file a complaint under 523(a)(15) by the deadline dates set forth in the bankruptcy notice.

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Answered on 5/29/01, 12:19 pm


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