Legal Question in Bankruptcy in Illinois

Can a spouse file chapter 13 to keep a house that is not in the spouses name?

I owe an arrearage amount to my mortgage company. I tried to file chapter 13 and my case was dismissed. Now my husband is going to file a chapter 13. I do not want to keep the house and i understand that with foreclosure, the mortgage company can sue me for money. My husbands name is not on the loan, however he is going to file a chapter 13 bankruptcy with the hopes of keeping the house. My question is can he do that even though the debt is not in his name at all? My other question is how can I stop this from happening? I would like to foreclose on the house and face any consequences that follows without my husband(soon to be ex)input. He has also gone behind my back and did this. Any information you give is greatly appreciated. I have asked the attorney that represented me, but unfortunately he is a friend of my husbands so I am not getting any information I need and do not have the extra money to spend to see a lawyer on my rights and get any advice. Please any information will be very helpful.

Thank you


Asked on 4/06/03, 1:50 pm

1 Answer from Attorneys
Thaddeus Hunt Law Offices of Thaddeus Hunt

Re: Can a spouse file chapter 13 to keep a house that is not in the spouses name

An individual can only list a debt that he or she owes. If the husband is not listed on the mortgage then he cannot list that debt on his bankruptcy.

I am not sure how he expects to keep the house unless he finds a source of financing to pay the bank and buy you out. The question is whether he is listed on the title. If he is, then he can list that as part of his property on his bankruptcy.

In the end, if he is not listed on the title and he is not listed on the mortgage, then he cannot list it on his bankruptcy in order to save it.

If you would like to call my office, please call (312) 236-9906.

Very truly yours,

Thaddeus J. Hunt, Esq.

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Answered on 4/06/03, 10:56 pm


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