Can my husband file for bankruptcy on our house without me? 15 Answers as of June 10, 2013

I am separated in the process of filing a divorce. I plan on asking for half of the value of the home. Can my husband file bankruptcy without me? My name is listed on the mortgage.

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Saedi Law Group
Saedi Law Group | Lorena Saedi
If your husband's name is on the mortgage OR the deed then yes he can file bankruptcy without you.
Answer Applies to: Georgia
Replied: 5/27/2011
Daniel Hoarfrost, Attorney at Law
Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
Your husband can file for bankruptcy without you, but it won't remove you from the title on the house.If he fails to make payments with you out of the house, the house might go into foreclosure.
Answer Applies to: Oregon
Replied: 5/26/2011
Robert Peters, P.A.
Robert Peters, P.A. | Robert L. Peters
Generally speaking one spouse can file without the other. It may be cheaper and easier for you all to file together but you dont have to. Your husband would be released from the debt on the house if he filed and you would still be liable.
Answer Applies to: Florida
Replied: 5/26/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
Yes, he can.
Answer Applies to: California
Replied: 6/10/2013
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes, he can file without you. If the bankruptcy trustee sells the house he has to pay you your one half interest. The trustee will not sell the house however unless there is equity above your state homestead exemption.
Answer Applies to: California
Replied: 5/26/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Bankruptcy does not affect the lien on the house for the mortgages. That is a secured debt. Your claim for half of the equity in the house (if any) is a matter to be determined by the family court as part of the divorce. Your husband can file bankruptcy by himself. Your husband's bankruptcy will not allow the divorce court to make a determination regarding the distribution of community property while the bankruptcy case is open and the automatic stay is in effect. If there is equity in the house your husband needs to exempt the equity amount. There is a specific amount of equity he can claim as exempt. If the equity amount is greater than what he is allowed to claim as exempt then the trustee can sell the house and use the non-exempt proceeds of the sale to pay your husband's creditors.
    Answer Applies to: California
    Replied: 5/26/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    You husband can file Bankruptcy without you, but you will remain liable on the debt unless you also file. It will be very important to consider the language used in your Divorce Decree in order to protect your interests. You should note - if your husband files Bankruptcy, you are a Creditor and his property obligations to you (including creditor payment), unless worded correctly on your divorce decree, may be discharged. Your cause of action is then against him, and he has no money to pay those debts and assist you in maintaining your credit. You should speak with your Divorce Attorney, and possibly a Bankruptcy Attorney immediately to protect yourself.
    Answer Applies to: New Hampshire
    Replied: 5/26/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Yes, he can file bankruptcy without you.
    Answer Applies to: California
    Replied: 5/26/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    He absolutely has the right to file bankruptcy without you.
    Answer Applies to: California
    Replied: 5/26/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    Yes, your husband can file bankruptcy without you.
    Answer Applies to: Virginia
    Replied: 5/26/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Yes, your husband can file bankruptcy without you and his liability on the mortgage would be discharged but yours would remain. Depending on your interest in the home and his applicable exemptions, the home's equity may subject it to liquidation in bankruptcy.
    Answer Applies to: Indiana
    Replied: 5/25/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Either spouse can file a bankruptcy petition on their own. The house will be part of the bankruptcy if there is equity beyond his exemption. This could force the sale of the house. This is somewhat complicated and you should consult an attorney who specializes in bankruptcy law.
    Answer Applies to: California
    Replied: 5/25/2011
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    Yes. Your husband may file a bankruptcy petition and list the house as a debt. The effect of the bankruptcy filing does not necessarily mean that he loses the house or that any debt secured against it is discharged. Call us for a free initial consultation in which you can give us more facts about your case and we can explain the pros and cons of bankruptcy and your options.
    Answer Applies to: California
    Replied: 5/25/2011
    Greifendorff Law Offices, PC
    Greifendorff Law Offices, PC | Christine Wilton
    Yes he can.
    Answer Applies to: California
    Replied: 6/10/2013
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    Yes your husband can file bankruptcy without you. On his petition he will either say he is going to surrender the home or retain and make payments. If he surrenders the home, then you will be liable for payments, if he retains the home, then working out making payments or selling the home would be between you and him. If the home is below the allowable exemption limits then the trustee will have not interest in selling the home. If there is equity above the allowable exemption limits and the home is sold by the trustee then you will get half of the equity.
    Answer Applies to: Washington
    Replied: 5/25/2011
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