Legal Question in Family Law in Texas

Bankruptcy effects after a divorce on marital home

My divorce was final in June 07. Ex-husband mentioned this weekend (3/29/08) he is now filing for bankruptcy. In the decree, in lui of child support, he was to make the house payment/taxes/insurance until the house sold. Proceeds from the sale would be split 50/50. He is not paying child support. He is now in contempt of court for failing to pay the 2007 taxes, mortgage is behind and I'm now covering the insurance premium due and having to now pay the 2007 house taxes. He files bankruptcy - (a) because the house is the only thing left tying our social security numbers together, will his bankruptcy jump on my credit bureaus, (b) if he gets discharged in some way out of his obligation of paying the total mortgage and I assume all payments, can the decree be changed where he does not benefit and get 50% of the proceeds. I contacted the Texas AG office this morning to start the process of child support in order to now make sure the mortgage is covered (negate that portion of the decree). I need to know what to do with the rest at minimal expense, I just do not have the funds to go back to my attorney let alone take him back to court for contempt. What are my resources? What are my options?


Asked on 3/31/08, 3:05 pm

1 Answer from Attorneys

Patricia F. Bushman BUSHMAN LAW OFFICES

Re: Bankruptcy effects after a divorce on marital home

You need to talk to an attorney who handles family law and knows about bankruptcies. This situation is way too complicated to address in an email.

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Answered on 3/31/08, 3:41 pm


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