Legal Question in Bankruptcy in West Virginia

Re: ex-spouse/jointly owned home

The effect of a discharge in bankruptcy is to make the debt uncollectable against the person filing. The debt is collectable against the co-maker of the note. The creditor has the right to forclose also. In bankruptcy, a former spouse has the right to file an suit or Adversary Proceeding in the Bankruptcy Court to object to discharge of a marital debt. Any suit must be filed within 60 days of the Meeting of Creditors. The specific facts of any case must be analyzed to determine if an AP should be filed. Generally, if the nonfiling party is paying the mortgage and there is equity, there is no harm. If the filing party is ordered to pay the mortgage, then the filing party may elect to stop paying and force the non filing spouse to pay or lose the house. There may be issues as to whether any payments ordered by the divorce court are "in the nature of alimony or child support" and thus non-dischargable. Any nonfiling person to a divorce should consult a bankruptcy lawyer with all the specifics to see if there will be loss or forfeiture.