Legal Question in Bankruptcy in Virginia

Property acquired during marriage

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, 7:15 pm

1 Answer from Attorneys

Susan Allen The Law Office of Susan E. Allen, PLLC

Re: Property acquired during marriage

There may be an argument available that the debt is marital debt and it will be apportioned through an equitable distribution of the assets.

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Answered on 5/23/08, 7:11 am


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