bankruptcy during divorce

[peaches4u]

What is the name of your state? CALIFORNIA.
I am currently going through a divorce. We own a house together, but my husband will be retaining the house. Hopefully I will get some money from it. In the mean-time I have been unable to pay my creditors, only able to pay the necessities to live. Can I file bankruptcy while in divorce. And what about the house. He is paying the payments, so not worried about foreclosure. I have asked my divorce attorney, but she only handles family law. I would have to retain another attorney and I can not afford that at this time. Thank you for my help.

 

[memah56]

What is the name of your state? CALIFORNIA.
I am currently going through a divorce. We own a house together, but my husband will be retaining the house. Hopefully I will get some money from it. In the mean-time I have been unable to pay my creditors, only able to pay the necessities to live. Can I file bankruptcy while in divorce. And what about the house. He is paying the payments, so not worried about foreclosure. I have asked my divorce attorney, but she only handles family law. I would have to retain another attorney and I can not afford that at this time. Thank you for my help.

My ex filed bankruptcy before our divorce was final. He also made our home "exempt" and as long as the payments were current there wasn't a problem. To answer your question, unless what we did was illegal, you can file a seperate bankruptcy before your divorce is final or even filed. As far as you getting some money out of the home, you need to talk to your attorney and either have your spouse pay you up front now or at least have the decree state that when he sales, re-finances or if it gets forclosed on that he owes you x amount of dollars plus interest, or something to that affect. Good luck!

 

[Ladynred]

Can I file bankruptcy while in divorce.

Sure you can. Just keep in mind that the bankruptcy could be delayed until the division of property in your divorce is settled. Conversely, your divorce could be held up by the bankruptcy. Talk to a bankruptcy attorney.

And what about the house. He is paying the payments, so not worried about foreclosure.

Who's getting the house in the divorce ?? If you file for bankruptcy and you are getting the house, then you would have to consider whether or not to reaffirm the mortgage. If you are not keeping the house, then don't reaffirm and let YOUR liability for the mortgage be discharged. Your STB-Ex would then be 100% liable for the mortgage and you would have zero risk should he decide to quit paying it. Just make sure you that you include him as a creditor in your bankruptcy.