If a mortgage is in two names can you file bankruptcy? 9 Answers as of December 02, 2015

My boyfriend left the home and got somewhere else to live but I want to file bankruptcy I don't want him responsible for the debt I want to file for myself. How can I file without him being affected?

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Mauritz Van Niekerk, Attorneys at Law
Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
You can not if you file they might ask him to pay the total debt so he might have to file bk also.
Answer Applies to: New York
Replied: 12/2/2015
Stephens Gourley & Bywater | David A. Stephens
Unless the bank takes his name off the mortgage, or you keep paying it, your bankruptcy will affect him.
Answer Applies to: Nevada
Replied: 12/2/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
Having a cosigned debt will not prevent you from filing bankruptcy but bankruptcy may not accomplish what you intend in making your boyfriend not responsible for the mortgage obligation.
Answer Applies to: Nevada
Replied: 12/2/2015
Ronald K. Nims LLC | Ronald K. Nims
Your boyfriend is already responsible for the mortgage debt along with you. When you file bankruptcy, you will cease to be liable but it won't affect him.
Answer Applies to: Ohio
Replied: 12/2/2015
Law Office of Michael Johnson
Law Office of Michael Johnson | Michael Johnson
It depends if you are keeping the home.
Answer Applies to: Florida
Replied: 12/2/2015
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    If your boyfriends name is on the mortgage he is responsible regardless of what you do. That is the deal that he made when he signed on the mortgage. If you want to file bankruptcy and discharge your obligation to pay the mortgage the bank will pursue him for payment. You may want to consider selling the home.
    Answer Applies to: Nevada
    Replied: 12/2/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You can do that. It should not have any effect on his credit.
    Answer Applies to: California
    Replied: 12/2/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Generally speaking, your filing should have little effect on him. EXCEPT if he is a co-debtor with you and the creditor is going to take a loss. In such case again only if your bf made himself liable on the obligation the creditor could try to collect from him. You really should retain an experienced BR lawyer. It is almost always worth the investment.
    Answer Applies to: Wisconsin
    Replied: 12/2/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You cannot as long as he is on the note.
    Answer Applies to: Michigan
    Replied: 12/2/2015
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