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Using a house that is not in your name to place on bankruptcy form

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Palean

Junior Member
I am in the state of VA. My husband is filing bankruptcy and wants to include the house, which is in my name. Will this affect me in anyway? HELP! :eek:
 


racer72

Senior Member
The bankruptcy forms can only include debts legally owed by the filer. If your husband is not on the mortgage, he cannot list it on his petition. If he is listed on the mortgage with you, a discharge of his obligation will most likely result in the mortgage lender foreclosing on the note. If he does list the mortgage and he is not listed, he will most likely be charged with fraud and this could result in his BK petition being tossed and he could face criminal charges. My question to you is, why would he want to list this on his bankruptcy petition? Mortgages are secured debt and cannot be dismissed by a bankruptcy.
 

Ladynred

Senior Member
Well, that's not entirely true. If he's joint on the mortgage, he CAN choose not to reaffirm and his liability for the debt will be discharged. The lender won't foreclose, they'll just look to YOU for payment as it will be your sole responsibility.

If his name is not on the DEED, he cannot claim the house as an asset, that too would be fraud.
 

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