Legal Question in Family Law in California

Divorce and Chapter 13

I have filed for divorce and reside in the house, which we are behind 7 months in payments. My husband just informed me that he will be filing chapter 13 to''save the house'' which will allow him to keep the house, and I will need to move. He dosent make enough to pay the $3860 first and second mortgage, but states that for the next 5 years all he will be required to pay is what is in the rears. Will I be implicated in this divorce, and will he really be able to keep the house under these pretenses?


Asked on 2/21/08, 7:37 pm

3 Answers from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Divorce and Chapter 13

sounds fishy. if you're on the mortgage, don't you have to make payments according to its terms? the court will decide who gets the house. you might try asking a bk attorney.

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Answered on 2/21/08, 10:07 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: Divorce and Chapter 13

Your husband's plan will not work and the BK court cannot order you from the house. I suggest that you retain an attorney to give you good advice and protect you. Good Luck, Pat McCrary

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Answered on 2/25/08, 10:00 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Divorce and Chapter 13

The chapter 13 plan will allow him to pay the arrears over the period of the plan. However, he must make the current mortgage payments on time. Thus if he files on March 15 the April and the payment for each month thereafter, must be made on time.

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Answered on 2/26/08, 9:21 pm


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