Legal Question in Real Estate Law in Illinois

In Illinois, each spouse can file for bankruptcy separately. Your husband can only include those assets that belong to him alone, and those portions of the martial property that he owns. If his name is on the house and the mortgage then there will be an automatic stay on the house until either the bankruptcy case is concluded or the mortgage company convinces the court that the stay is prejudicial to their interests.

This generally means that depending on where you are in the foreclosure proceedings you will have more time to pursue a workout with your lender.

You should thank your husband for filing a 13 wherein there is co-debtor protection. That said, it is impossible to answer your question without examining the petition and schedules that your husband filed. GOOD LUCK!

You hired a lawyer. Illinois lawyers such as divorce lawyers who are not able to handle questions in areas of the law like real estate or bankruptcy, are obligated to consult with attorneys who do. Your attorney needs to contact us or someone like us; otherwise we are interfering with your attorney-client relationship.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.