Can my ex-husband force the sale of the house by going bankrupt?

Question

Lawyers letters have been exchanged but there has been no agreements put in place to cover finances as yet.

He is now dropping hints, and I suspect he may be going for bankruptcy or a voluntary payment plan. If he goes bankrupt will this force the sale of the house that I am living and working in with our kids or is there any way I can fight it.

I am currently meeting all household bills on my own but his name is still on mortgage.

Answer 1

Going  bankrupt cannot force you to lose your primary residence.   What can force you to lose your residence is if he or you stop paying the mortgage.    The house is a secured debt with the mortgage and it can be repossessed if you stop payment.

You should be talking with a divorce attorney on this.

Why isn't the house in your name?    Who is charged with paying the mortgage?    Get this attended to ASAP.

Answer 2

If you ex files for bankruptcy, and both your names are on the mortgage and he files for bankruptcy, it will default to you as the responsible party to make the payments should he file a chapter 7 bankruptcy. Now, if he files a chapter 13 payment plan, then he makes the payments thru the trustee of the bankruptcy court, but, if your name is on the house, they will not foreclose unless you stop making the payments.You need to find out from him if he is filing a 7 or a 13, or even if that is possible to find out from him. If he wants out and you take up the responsibility of the house, have him quick deed the house to you. Good Luck!

Answer 3

NO DO NOT DO THIS. JUST WAIT IT OUT. PLEASE.

Answer 4

If he no longer lives there then find someway to prove it is not his residence and he cannot include it on anything. If nothing else get a signed statement of some sort from him saying that he is letting you live there while he is not.

Even in a normal bankruptcy proceeding you aren't forced to sell your primary residence.