Legal Question in Bankruptcy in Louisiana
My exwife declared bankruptcy and included are mortgage in with it. She did not reafirm the mortgage. Is she entitled to the house ?
1 Answer from Attorneys
Ownership of property and the liens that attach to that property are two separate concepts.
Technically, she is still an owner of the property but she does not have a personal obligation to continue paying the mortgage. However, the property itself continues to be liable on the mortgage and the house can be sold to satisfy the amounts owed to the mortgage company.
While she still has a claim of ownership to the house (along with you), you should consult with a lawyer to discuss other rights you may have, independent of ownership, to offset her claim to her ownership and possibly convince a court or even her to transfer the house to you. You may have rights to something called reimbursement if you are paying the mortgage.
Good luck.
Related Questions & Answers
-
I live in Louisiana, I was in a car wreck. After the wreck I filed ch7. I was... Asked 1/17/10, 7:23 am in United States Louisiana Bankruptcy Law
-
Please advise me of my rights...when I purchased my car in 2006, I was able to... Asked 1/06/10, 11:43 pm in United States Louisiana Bankruptcy Law
-
I applied for business lines of credit for an LLC. I stated that I was going to use... Asked 12/06/09, 12:54 pm in United States Louisiana Bankruptcy Law