filing bankruptcy prior to divorce

[mdrummer5]

What is the name of your state (only U.S. law)? Ohio

My wife and I are in the midst of what is turning into a very ugly divorce. I'm in the process of filing a chapter 7 and plan to include the house as I can not afford to keep it. She also can not afford the payments but says she refuses to file bankruptcy.

Would family court rule that I have to make payments on the house even if I include the mortage in my bankruptcy?

I'm not sure if it's relavant but we've been married less than a year and have had the house just over a year. There is no equity.

 

[LdiJ]

What is the name of your state (only U.S. law)? Ohio

My wife and I are in the midst of what is turning into a very ugly divorce. I'm in the process of filing a chapter 7 and plan to include the house as I can not afford to keep it. She also can not afford the payments but says she refuses to file bankruptcy.

Would family court rule that I have to make payments on the house even if I include the mortage in my bankruptcy?

I'm not sure if it's relavant but we've been married less than a year and have had the house just over a year. There is no equity.

You could possibly be ordered to make the payments temporarily, until the divorce is final...but that's all.

Filing or not filing bankruptcy isn't really the issue for your wife. If she can't make the payments the house will go into foreclosure, which will produce the same result as a bankruptcy, without any of the protections of bankruptcy. However, your bankruptcy is going to remove you from liability for the house, so there is no reason to fight with her about it. Let her discover it on her own.

 

[mdrummer5]

You could possibly be ordered to make the payments temporarily, until the divorce is final...but that's all.

Filing or not filing bankruptcy isn't really the issue for your wife. If she can't make the payments the house will go into foreclosure, which will produce the same result as a bankruptcy, without any of the protections of bankruptcy. However, your bankruptcy is going to remove you from liability for the house, so there is no reason to fight with her about it. Let her discover it on her own.

Thanks for your input. I know I won't be liable from a credit standpoint I just wasn't sure if family court could rule that I have to pay it indefinitely. As far as the possibility of me having to pay it until the divorce is final would that even be applicable being that she moved 3 states away?

 

[LdiJ]

Thanks for your input. I know I won't be liable from a credit standpoint I just wasn't sure if family court could rule that I have to pay it indefinitely. As far as the possibility of me having to pay it until the divorce is final would that even be applicable being that she moved 3 states away?

Yes, that does tend to change the situation. I was assuming that she was still living in the house and wanted to continue to do so. If that is not the case, there wouldn't be any reason for the judge to order you to continue making the mortgage payments.

 

[mdrummer5]

That's kinda what I figured...just wanted to be sure...Thanks again!