If I file for bankruptcy, can she be kicked out and am I still obligated to pay? 7 Answers as of May 11, 2016

My ex lives in the house due to a court order. I’m the only one in the loan.

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Stephens Gourley & Bywater | David A. Stephens
She will not be kicked out if someone is paying the mortgage. You would have to look at the decree to learn if you have to pay the mortgage even if you file bankruptcy.
Answer Applies to: Nevada
Replied: 5/11/2016
Garner Law Office
Garner Law Office | Daniel Garner
A bankruptcy filing does not automatically change the ownership or occupancy of a home. If your ex is living there by court order, you should have a lawyer look at the order and related court documents to see whether your obligation to her can be discharged in bankruptcy. If payment of the mortgage can be construed as court-ordered domestic support, then that obligation cannot be discharged in bankruptcy. That doesn't mean you can't file bankruptcy, but it might mean that you would have to continue to pay the mortgage.
Answer Applies to: Oregon
Replied: 5/10/2016
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Bankruptcy will not release you from any family court order.
Answer Applies to: Wisconsin
Replied: 5/10/2016
GARCIA & GONZALES, P.C. | Richard N. Gonzales
She can continue to occupy the house so long as you are on title. If the home is foreclosed on, she will have to vacate the premises. You will have no financial responsibility to the mortgage company.
Answer Applies to: Colorado
Replied: 5/10/2016
A Fresh Start
A Fresh Start | Dorothy G Bunce
You could be opening up a can of worms here. If you are an owner of this property and there is equity in it, it could be sold to pay your debts by your bankruptcy trustee. If you are not divorced or if there is no court order dividing joint property and debts, you may want to wait to finalize the financial arrangements before jumping into bankruptcy. Lots of landmines that can explode and destroy you.
Answer Applies to: Nevada
Replied: 5/10/2016
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