Legal Question in Real Estate Law in New Jersey

Real Estate/Divorce Agreement

Currently have a mortgage with my soon to be ex. Per our soon to be signed Divorce Agreement I am awarded the house and he is not entitled any gains if sold. He is planning on filing for Chapetr 7 and I do not qualify to refinance the home on my own removing his name from mortgage note. If he files for Chapetr 7 and his name remailns on the note will the home or myseld be brought into his bankruptcy proceedings? How do I protect myself and my home?


Asked on 5/05/09, 3:03 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: Real Estate/Divorce Agreement

You must promptly raise this issue with your divorce attorney. If your ex is obligated on the mortgage note and files Chapter 7, your rights could be seriously affected. The issue can't be resolved in this forum.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 5/05/09, 3:31 pm


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