Legal Question in Bankruptcy in Pennsylvania
does husband need to honor home equity loan from divorce five years ago
When I was divorced five years ago my husband assumed the home equity loan. He was not to use it , but continued to use it without my knowledge. My home was used for this loan many years before the divorce so both names were on the loan. The home is only in my name now.He has filed for bankruptcy and I only found out about it when forclosure papers were sent to me.Is there any way I can get the court to not discharge this debt? Can he stillbe liable?
1 Answer from Attorneys
Re: does husband need to honor home equity loan from divorce five years ago
Probably depends on what you mean "He was not to use it , but continued to use it without my knowledge."
Was this a home equity line of credit? Usually this type of loan is a second, as opposed to a purchase money mortgage. If it was a second, his right to "use it" would depend upon what was settled or adjudicated in the divorce. If it was not addressed in the divorce proceeding, then he was probably within his rights.
If it was a purchase mortgage, then it is certainly more likely to have been addressed in the divorce proceeding, if your attorney did his job competently. I would contact your divorce attorney; if it was addressed, then your ex would not be protected by his bankruptcy from his potential fraud.
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