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