son in trouble

[kroesue]

What is the name of your state? Illinois
My son is in the middle of a divorce, and is trying to declare bankruptcy, however I dont think his wife will sign a bankruptcy order. Can he just stop paying the mortgage on his house? If he does will they take him to court? Thanks.

[mymymy]

Originally Posted by kroesue

What is the name of your state? Illinois
My son is in the middle of a divorce, and is trying to declare bankruptcy, however I dont think his wife will sign a bankruptcy order. Can he just stop paying the mortgage on his house? If he does will they take him to court? Thanks.

His wife is not required to sign his bankruptcy papers. It is his right to file alone, if he so chooses. If he does not want to keep the house, he can include his interest in the home in the BK and not reaffirm the debt. The mortgage co will then petition the court for a Relief of Stay and then begin foreclosure proceedings unless the wife plans on paying the mortgage.. it all depends on how it's set up. Is the motgage in both of their names? That will be the deciding factor in how it all goes.

[Ladynred]

Whether he files bankruptcy or not, if he stops paying on the house the bank is going to forclose, or they'll go after the wife to pay it. If neither pay, the house will be forfeit. If he files for bankruptcy and is behind on the mortgage, then the bank will file for a Relief from Stay to be allowed to proceed with forclosure. If he doesn't reaffirm, and is not required to, then HIS liablity for the mortgage will be discharged and ALL of it will fall on the wife. If she doesn't pay, the house goes up for auction.