Legal Question in Bankruptcy in Illinois
home loan
my so to be ex husband & i our both on the loan he is primary is he files bankrupcy will i be the one who has to pay for the house or will they let him file on the house too? this is in Illinions
2 Answers from Attorneys
Re: home loan
If he files bankruptcy, you alone will be liable on the loan.
Your best course of action is to sell the house (even at a loss), unless you want to keep it and be responsible for it
Re: home loan
It would depend on what his intention is for the home. Even if it is discharged thru the bankruptcy, it is still your home to sell. if you are not filing the case, as a joint owner, you are always responsible for the mortgage payment.
Divorce and bankruptcy often are closely intertwined. I have written about this on my blog at http://chicago-bankruptcy.blogspot.com/2007/01/divorce-bankruptcy-and-real-estate.html
it is important to work with your divorce and bankruptcy lawyer to set up each case to get the results you desire. Fortunately, my firm handles both types of cases.
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