Legal Question in Bankruptcy in Virginia

Marital Property under Divorce and Bankruptcy

A couple purchases a house during their marriage. The wife obtains the mortgage note from a bank. The husband's name is not on the note or title to the house. Two years later they are seeking a divorce and potential bankruptcy. Is the husband legally liable or responsible for the debt on the house under the divorce or bankruptcy proceedings?


Asked on 5/22/08, 7:18 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Marital Property under Divorce and Bankruptcy

Wife owns the house and owes the debt. The bankruptcy will follow that - husband neither owns nor owes. But the divorce court could award the house or an interest in it to H, or could require H to pay some or all of the mortgage. If such an order is entered, the bankruptcy court will follow it. Moreover, except in a Chapter 13, any obligation of husband to wife to pay the mortgage would not be dischargeable. (in a 13 it would be dischargeable unless deemed support)

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Answered on 5/22/08, 7:38 pm


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