Legal Question in Family Law in Kentucky

should the one getting the divorce do it before or after forclosure on house? both names are on deed.


Asked on 7/15/11, 1:28 am

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

I'm not sure exactly the question, but if both parties are OBLIGATED on the loan (who is on the deed does not matter) then both will end up owing a deficiency debt on the foreclosed house. That often means bankruptcy. It is less expensive to get the bankruptcy together PRIOR to the divorce being finalized than each party having to face the debt alone afterward. Also, the assignment of debts as domestic support obligations can make post-divorce bankruptcy very tricky.

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Answered on 7/18/11, 7:21 am


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