Legal Question in Bankruptcy in Indiana

Ex Spouse has included my home in his filing.....

Divorced in '98, I have total custody our 2 kids & the house. He 'QuickClaimed' the house in '99 & hasn't any legal oblig. to it since even tho his name is still on the mortgage- QC frees him from all liabilty I just hadn't the finances to re-finance to remove his name. Since Feb. '98 I have paid all expenses 4 this home asking nothing from him toward it. He's moved & hasn't contacted me or kids we don't know where he lives now. Only found out that my home is in bankruptcy status because the mortgage co. contacted me with the info. How can he legally now include this property in his recently filed bankruptcy case? Are my children & I in danger of losing our home even tho I didn't claim Bankrpt. HE did. What can I do? Can he claim child support also in bankruptcy as he is a year behind in payments? How can I contact the bankruptcy court to let them know IF this is wrong of him to do? Thank You 4 your help.


Asked on 11/14/02, 9:01 am

1 Answer from Attorneys
John Bator Bator Redman & Shive

Re: Ex Spouse has included my home in his filing.....

You are correct in that the home should not be and isn't property of the estate. However, he listed the mortgage company as a creditor since he is still liable on the mortgage-he has no choice-he has to list them. This should not make any difference to them since you have been making the payments and the mortgage is current. the mortgage company may not even know that you were divorced and the real estate was quitclaimed to you. Either way, the mere fact he filed BK and is discharging his obligation to the bank doesnt mean you will lose your house.

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Answered on 11/14/02, 3:45 pm


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