can i file bankrupty on a joint home loan without my xhusband filing bankrupty?

Yes you can. You will receive a release of your personal obligation to repay the debt. However, your ex will not. So he will still have to repay the debt even though you do not. Because your bankruptcy will adversely affect your ex, he must be listed on your bankruptcy filing and he will get a letter in the mail about it.

You should contact a local lawyer who will be able to help you better understand the bankruptcy and your case.



Good luck.



Robert Kovacs

Yes you can. Depending on the chapter (7 or 13) your filing may or may not protect him or affect him (he would be listed in the case). I'm not far from your area and would be glad to discuss details with you.

Yes, the mortgage debt will be discharged as to you but your husband will still be personally responsible on the loan.

LEGAL DISCLAIMER
Mr. Larkin is licensed to practice law in CA and is located in San Diego. His response here does not constitute legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Larkin strongly advises the questioner to confer with an attorney in their own state to acquire more information about the specifics of their case.

Yes, you would be able to discharge this loan in a bankruptcy (Chapter 7); your ex-husband would still be obligated to pay the loan.

If you were ordered to pay the mortgage in any divorce settlement or divorce order, you might not be eligible to discharge it in a Chapter 7. You would need to talk to an attorney to make sure your particular situation qualifies for a Chapter 7 filing.