What would happen to my home if I separate from my husband? 9 Answers as of August 08, 2011

I filed a chapter 13 and am on unemployment, and my mortgage is behind. If my husband and I were to separate during my repayment plan and my income changes what would happen to the home. My husband did not file with me. Would the home have to be sold or would my husband just have to agree to pay the mortgage payment. If I were to move out.

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Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | Roianne Houlton Conner
He could agree to make the payments and receive the home.
Answer Applies to: Alabama
Replied: 8/8/2011
Law Office of James Lentz
Law Office of James Lentz | James Lentz
Your questions are too many and too specific to fairly answer them without a complete intake, Please see your Bankruptcy attorney first, and then find a domestic relations attorney.
Answer Applies to: Ohio
Replied: 8/6/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
The answer would require a review of your repayment plan and your finances. It is possible that you may be able to adjust your bankruptcy status to a Chapter 7, rather than a 13.
Answer Applies to: Minnesota
Replied: 8/5/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
The court can order the home sold or that one of the parties retains it and then becomes responsible to make the mortgage payments and also remove the other person's name from the mortgage
Answer Applies to: Connecticut
Replied: 8/5/2011
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
Your legal financial obligation regarding the house remains the same until it is changed either by sale of the home, satisfaction of your repayment plan or foreclosure. You moving out has no impact on this at all. He is only responsible for payment of the mortgage if his name is on the mortgage, and if both of your names are on the mortgage, then you are both equally responsible for the payment of same, regardless of whether either of you actually live there.
Answer Applies to: Florida
Replied: 8/5/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Some of your question is better addressed to your bankruptcy attorney. If you file for divorce, you can ask the court to make him occupy the house and pay the mortgage on a temporary and permanent basis. Whether the court will do that depends on many factors you do not discuss.
    Answer Applies to: Washington
    Replied: 8/5/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    It isn't possible to provide a simple answer to your questions without much more information and analysis. There is likely no single answer anyway because there are quite possible a number of possible solutions to the problem and the ultimate answer will become a judgment call as to what is the "best" solution - not what is the "only" solution. You need to consult an attorney who can examine the details of your bankruptcy case, the "repayment plan" you mention, the actual legal responsibilities you and your husband each have, and how things might work out in a divorce. Basically, your moving out of the house, without anything more, isn't going to change anything; you will need some sort of judicial adjustment to your marital status and the respective obligations for you and your husband.
    Answer Applies to: Colorado
    Replied: 8/5/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You'll need a good divorce lawyer to work with your bankruptcy lawyer. There is no way to forecast the outcome except to say it requires legal help.
    Answer Applies to: Georgia
    Replied: 8/5/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    You can establish your respective obligations by filing a motion for temporary orders.
    Answer Applies to: Washington
    Replied: 8/5/2011
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