Getting divorced and bankruptcy??

Question

My boyfriend's "soon-to-be-ex-wife" is filing bankruptcy on her car, credit cards, and their house. Keep in mind though, she does not live in this house and he makes all the payments for it and has from day 1. She wants no financial responsibility for it and has told him that. He is also in the process of selling it so that him and I can purchase one together. The other day his ex called and told him that "it would be in our BEST interest if we BOTH filed for it". He wants no part of it and would never even consider. My question is this; If she were to file on the house, would it affect him in any way?!?! His lawyer said it shouldn't but he wasn't positive.

Answer 1

He needs to talk to another lawyer who specializes in this situation.  

Answer 2

Will her bankruptcy affect his credit?  No, unless they were not getting divorced.  That would affect his ability to get loans with her name on them as well as his in the future.  In this case, that's not an issue.

Will her bankruptcy affect his ability to keep the house?  Possibly.  It would probably be best if she were to file bankruptcy after the divorce was settled so that the house can be legally his.  Then, he can go through the process of getting it refinanced in only his name and she can file bankruptcy and won't even have to claim the house because it won't be hers to claim.

His lawyer said the bankruptcy shouldn't affect him but isn't positive?  Let me guess:  This was information he got at a consultation prior to actually hiring the attorney, right?  This is something that a lawyer should be able to answer or at least give scenarios like I have done.

Answer 3

Sounds like he needs to talk to another attorney-  

Answer 4

he needs a new lawyer if his lawyer can't tell him the answer to that question.....if her name is on the mortgage, it will affect your boyfriends credit too; she needs to sign over a quit-claim deed so your boyfriend can re-finance the mortgage without her on it.....

Answer 5

If he signed no papers on the house and his name is not on it then of course he won't have to worry, but if he is joint on the house and she files for bankruptcy then of course he would be on their too and it would affect his credit score too and future purchases for the next 7 years.

If his lawyer is not sure then that is not a very good lawyer. I suggest getting yourself another lawyer that knows bankruptcy law.  

Answer 6

He should contact  who ever holds the mortgage and explain whats going on and see if he can get the note put in his name only, or have hers removed.

Answer 7

Wow her filing it is about the same as both filing it I believe. That sucks.

He could be on the hook for all sorts of other things too. The house is just a part of all this mess.