I'm new to this site, hope I'm posting this in the right area. My wife moved out and left me, the house and our 3 dogs and filed chapter 13 to finally clear up debts from her small business that she closed early 2009. I was told that "I and the house are exempt" in her case, I have no clue what that means. As far as the divorce, will I be okay if she quitclaims the house to me and I continue to pay the mortgage as I have been thru out our marriage? Can the courts or her creditors put a lien on the house and not tell me since we are co-borrowers on the house note? I am on disability and cannot afford a lawyer and her bankruptcy lawyer will not answer my questions to them be phone or email. Any help would be really helpfull so I stop freaking out over what is happening.
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What can I do in wife's chapter 13?
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I don't know about "I" being exempt, but the house being exempt means there is not so much equity in the house that the trustee will try to sell it to distribute the proceeds to her creditors. It means, you won't lose the house unless you stop making payments. So, yes, you can and should keep paying the mortgage. Nobody can put a lien on your house without first giving you notice. The fact that she is filing bankruptcy will prevent her creditors from getting a lien on it. She will need approval from the court to quitclaim the house. I don't know how that works if it is part of a marital settlement. You need to find a divorce attorney. Call your county Bar Association and ask for referrals to divorce attorneys that do pro bono work.LadyInTheRed is in the black!
Filed Chap 13 April 2010. Discharged May 2015.
$143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!
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