My husband and I have been separated for 15 years. He is in OR, pays the mortgage on time, but my name is still on it.

Asked 11 months ago - Corning, CA

I need to file bankruptcy and its the second time in 9 years. will it affect him and the house?

Attorney answers (3)

  1. Steven Keith Brumer

    Pro

    Contributor Level 9

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    Answered . It is not likely to effect him significantly if you file alone unless you have community property assests here in California that are in excess of the property you are permitted to retain in a chapter 7 case (assuming you file a 7). The impact on the house will depend on whether you have equity in the property. If the house is upside down, the trustee is unlikely to try to liquidate it. If you have equity, you will lose the property unless you can exempt it. You will need to contact an attorney to make sure that you handle this properly.

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  2. Brian Crozier Whitaker

    Contributor Level 17

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    Answered . Only if the house is still considered marital property might there be any problem ... and only if it has more than, say, $20,000 equity.

  3. Rex Tran

    Contributor Level 10

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    Answered . If there is no equity or the equity can be protected using exemptions, then filing bankruptcy alone shouldn't effect him. However, if there is equity, then a number of other factors come into play. You should definitely seek a consultation from an attorney. Most will provide a free one. They will be able to go into more detail with you and explain or help solve any issues with regards to the home and your husband.

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