I was told previously that in order to have my named removed from the mortgage and title to house I needed to file bankruptcy before filing for divorce.
You need to do neither of those things before you speak to a competent divorce lawyer and a competent bankruptcy attorney. Sometimes it makes more sense to enter bankruptcy prior to a divorce, and sometimes the opposite is true. Without knowing your specific circumstances, it will be impossible for any lawyer to evaluate all of the nuances of your case.
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Whoever told you that ought to be charged with legal malpractice. Bankruptcy will not remove your name from the mortgage nor will it guarantee your name being removed from the title to the property. Hope this perspective helps!
Whoever told you that is beyond ignorant and not acting in your best interest, to put it charitably. There is no reason to file Bankruptcy from what you stated. You need to retain a matrimonial attorney and do not sign anything until you do. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
I handle both family and bankruptcy cases and you do not have to file bankruptcy to have your name removed. However, if for example in the divorce your wife receives the property but does not have to refinance the property to remove your name from liability and you do not want to be financially responsible for the home in the event she defaults than you may. However, a lot of times you can attempt to have the home sold in the divorce case is someone can not refinance to remove the other party. Please feel free to call if you have more questions of want to discuss options.
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