Legal Question in Bankruptcy in Missouri

Seperated from husband, he' s filing bankruptcy

Shortly my divorce will be finalized. Over the last 8 months, my husband has lived in our home while I moved out. He stopped making the mortgage payments about 5 months ago. I found out in court yesterday that he's filing bankruptcy, and consequently, I have been told I should too or everything we owe jointly will be on my shoulders. Now, I don't want the house to foreclose as my husband does, and I would like to salvage my credit and sell the house if I can. My husband has a ton of debt only in his name while I have 1 credit card. The house is in both of our names and filing bankruptcy will really hurt me. Is there a way that once he files, I can have his name removed from the home whether he likes it or not, so that I may sell the home. He won't work for me and as I said he could care less if the home forecloses or not. I on the other hand would like to sell it.


Asked on 8/14/02, 12:04 pm

1 Answer from Attorneys
Jim Van Dillen Van Dillen & Flood, P.C.

Re: Seperated from husband, he' s filing bankruptcy

You don't mention the disposition of the house in the dissolution. You need to get the court order putting the house in your name alone before anything else would be feasible.

Once that is done, you could go to the mortgage company and try to work out something about payments, etc. or possibly a refinance if your credit is in pretty good shape. The main thing is to stay in contact with the mortgage company if you have any intentions of trying to salvage the home and/or the equity in it.

Good luck.

JIM VAN DILLEN

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Answered on 8/14/02, 7:45 pm


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