If my ex husband went bankrupt, can they take my house? 23 Answers as of November 02, 2011

If he doesn't own the house then he must have some type of ownership interest in the house for the bankruptcy court to want to sell it.

If your ex husband is not on title to the house no one can take it to pay his debts.

Was his credit secured by your home. Also, there is a SC statute that lists the specific dollar amounts of exemptions on certain types of debtor property; depending on the equity in your home, you may be able to exempt it. There is a LOT more information I would need regarding the specifics of your case in order to provide a more detailed answer.

If you are asking if the mortgage lender can foreclose on the house after your ex-husband filed for bankruptcy, then the answer is maybe. If you and he owned the house together and his case is now closed, or if the lender sought and received relief from the automatic stay, then the lender can move to foreclose on the property if there is a material breach of your mortgage. A material breach would be a payment default. Bankruptcy does not allow someone to live in their house for free. You are required to continue to make your mortgage payments.

If the trustee is saying they want to sell the house you need an attorney now. *Do not delay. Make sure you get an experienced attortney who has handled chapter 7 asset cases. *Worst case - you might have to file ch13 to pay the 10K to make this go away.* *

No they should not be able to. There sounds like more to the facts that should be discussed with attorney.

It depends on whether the house is considered marital property, and whether it was acquired in the course of the marriage. If you and your ex husband acquired the house while married, then it could be considered marital property. However, if you were given full ownership of the house in the divorce proceedings, then you can fight any effort to take the house to pay your ex-husband's debt, as it is not considered an asset for the purposes of bankruptcy.

They can take the house if it was recently transferred. You should be able to receive your share of the equity.

This depends on how the deed is recorded. If he is not on the deed and the divorce decree does not give him an interest in the house, you should be fine. However, as always, I suggest that you set up an appointment with an attorney so that you can go over all of the paperwork.

The only way your house will be affected is if you owed the debt with him jointly or if his name is on the title of the house. Debts in his name only should not affect a home that you own individually. My advice to you is to make sure that the debt is indeed in his name only and you have no liability for the debt as a co-borrower, co-signer or guarantor.