Can a mortgage be discharged with bankruptcy?

Asked over 1 year ago - Charleston, SC

I am on a mortgage with my ex (we were never married). My ex refuses to refinance or sell in order to get me off of the mortgage. Meanwhile, my ex has taken out credit cards under my name and social security number and I am not able to pay all of the debt that has been accumulated. Disputing has gotten me nowhere so I feel my only option is filing for bankruptcy. Can I include the mortgage if I file for bankruptcy even though my ex is also on the mortgage?

Attorney answers (3)

  1. Paula Brown Sinclair

    Contributor Level 20

    3

    Lawyers agree

    Answered . What is discharged in bankruptcy is personal liability on the note. The creditor remains free to foreclose their lien interest in the collateral, which may not be a concern for you if you are not residing there. Your bankruptcy will not relieve the ex of personal liability, but that should also not be of concern to you. A bankruptcy will also discharge any liability for his fraudulent activity in your name, but you should consider a more proactive approach to that issue: contempt proceedings in your divorce action, and law enforcement involvement for the identity theft.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.
  2. John R. Cantrell Jr.

    Contributor Level 8

    1

    Lawyer agrees

    Answered . You can file bankruptcy, and you should list all creditors which claim that you owe them money, including the debts improperly created in your name (listed as disputed) and also the mortgage debt. If you have no intention of living in the property, or retaining any interest in it, then you can list it with the intention to surrender the home to the mortgage company. That way, you will lose the home, but will not be liable for any remaining debt owed on the home.

  3. Rebecca Lynne Melone

    Contributor Level 12

    2

    Lawyers agree

    Answered . I agree with Attorney Sinclair. You should consult with a bankruptcy attorney to get more specific advice based on your circumstances. You should absolutely seek contempt against your ex and file a police report. The debts will be discharged through bankruptcy, but you should also continue to dispute them on your credit reports.

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