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I am going through a nasty divorce. our home was discharged in my bankruptcy. can the state divorce court make me sell it still?

Elkhorn, NE |

its been 15 months now. tried short sale, but fell thru. its my understanding that i am no longer responsible for this house. the ex to be is filing motions to make me cooperate with selling the house again. can she do this?

Attorney Answers 3


It really depends on what the decree said. You have been taken off, but they may still need you to sign to sell/discharge the property.

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Your post that your home was discharged in bankruptcy, probably means to say that your personal liability was discharged, because you likely still own the home as before, unless you deeded it away or it was foreclosed by a lender.
It appears the divorce decree requires your cooperation, or participation, to sign over a deed or title transfer documents when asked, so just do it, provided it does not involve taking on personal liability for debts that have been discharged. What may occur is that you have to pay debts under the divorce decree that may be discharged in bankruptcy.
The answer to that will require review of the divorce decree.
If you have any questions, retain an experienced family law attorney to review your divorce decree and assist with further paperwork.
Good luck.

General legal advice is offered for educational purposes only. A consultation with a qualified attorney is required to determine specific legal advice as to your situation and applicable law. We are a debt relief agency and we help people file for relief under the bankruptcy laws.

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The state divorce court can make you do a lot of things, even if you discharged your other debts in bankruptcy. Failing to comply with the terms of your divorce decree is one thing that can have special negative repercussions. Hope this perspective helps!

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