Bankruptcy on mortgage with an ex spouse.

My ex. left me three years ago, and I have been paying the mortgage on my own, and he won’t resign the mortgage. I can’t pay the mortgage as it is a high-interest rollover and if I go bankrupt am I liable for any debt if he sold the house or goes bankrupt himself. We owe $74,000, and a real estate agent gave me a rough estimate to resell the house of $30,000. I am in the military, and I am being forced to move on base also and as a result, cannot pay the mortgage as I will have to pay rent for housing on base.

One Response to “Bankruptcy on mortgage with an ex spouse.”

Doug Stuive, CA | Trustee | CIRP said...

You would be able to lists this mortgage as a debt in your bankruptcy. The trustee would be able to have your name removed from the property and would remove your responsibility for paying any shortfall left in the mortgage should the house be taken by the mortgage company. In fact, bankruptcy may be the best option to give you the protection you would need from this creditor. I would recommend scheduling a consultation to consider this option in more detail.