If you are selling a home due to a pending divorce, where there is a mortgage, and one spouse declares bankruptcy.....Is the other spouse only responsible for half of the owed mortgage amount?
No. Normally spouses who accept responsibility for a mortgage are joinly and severally liable. That means the lender has the option of looking to one, or the other, or both, for full payment - at the lender's option.
If one spouse discharges the debt in bankruptcy, that normally leaves the other holding the bag for the entire thing.
Please note that I do not practice in your state and that the above is not intended as legal advice.
The prior answer is correct with respect to the obligation owed to the mortgage company. Keep in mind however that if the spouse who is filing Bankruptcy has an obligation in the nature of an order of support to the non-filing spouse to pay the mortgage debt than the debt to the non-filing spouse may be non-dischargeable. First, you should contact your matrimonial attorney to discuss your rights as they were established in the order of support. In the event the non-filing spouse has rights you should hire a Bankruptcy attorney right away to bring an adversary against the filing spouse to preserve your rights.
