Legal Question in Bankruptcy in Connecticut

Bankruptcy mortgage/deed

My ex husband informed me today that he has declared bankruptcy. He is the mortgage(s) holder on the house. The deed is in MY name. Can he declare bankruptcy on the house when the deed is in my name? He told me today that he was including the mortgage companies on his ''discharge'' list. I wanted to try to refinance or assume the mortgage, but although ordered by the court, he has yet to authorize me to speak to the mortgage companies, and I don't know with my credit due to the divorce if I could even could get one. Any help you can give is very appreciated! Thanks!


Asked on 2/26/04, 2:30 pm

1 Answer from Attorneys
Joel M. Grafstein Grafstein & Arcaro, LLC

Re: Bankruptcy mortgage/deed

Even though your exhusband is no longer the owner of your home, he is a co-obligor on the mortgage. He has the right to file a bankruptcy, and list the mortgage. That having been said, as long as you continue to make your payments on the mortgage, the mortgage company does not have the right to declare the loan in default. If your name is on the mortgage loan, the company should be willing to discuss the loan with you. It may also be a good time to refinance the home with a loan solely in your name. As to the chance of success for a refinance you should discuss this matter with a mortgage broker, indicating that your exhusband has filed bankruptcy and that your credit may have problems as a result of your divorce. There is probably a mortgage product that will be of help for your situation.

I hope that this helps.

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Answered on 2/29/04, 8:30 pm


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