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wife filed but not me questions

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    wife filed but not me questions

    My wife has filed for ch 7 while going through our divorce. I do not plan of filing. We have 3 joint accounts, Mortgage (citi bank), car (chrysler) and credit card (ge). Mortgage company tells me that if I want to keep the house I need to continue to pay but they will not report to my credit file, OR, since my wife filed ch 7 I could walk away and not be held liable for the loan. I checked my report and they have not reported anything for the last two months, same for the car loan, but the credit card has vanished from all my reports. Here are my questions:

    1. Is the bank correct in stating that I could walk away from the house without being held liable since my wife has filed ch 7.

    2. If the answer to questions 1 is yes, would they report something to my credit report and if you so what would they report. How would it affect my credit/score.

    3. If I decide to keep the house, will they ever report my ontime payments to my credit file, or do I have to sign a reaffirmation even though I didnt file.

    4. If she does not sign reaffirmation with car loan, will they come and get it even though I continue to make payments ontime. Car is in my name as well.

    I live in ohio and my mortgage through Citi is an FHA loan

    #2
    I am no attoreny, but here are a few questions along with a few thoughts....

    1. Is the mortgage in your wifes name only? If you are both on the mortgage, you ARE absolutely just as responsible for paying the mortgage regardless of what the "family court" says or any divorce agreements.... They won't "report" any BK to your file since you have not filed, but if you miss payments etc then it will report to your file as if it were you only... Think about in reverse, if you filed and your wife paid mortgage then your file would show bk, but her's would be unaffected because the mortgage is continuing to be paid by her.

    2. If you are NOT on the mortgage, then they will not report to your file. Only way for this to happen (reporting) assuming the mortgage is in wife's name only is to refinace the mortgage in your name...If the mortage is "joint" then I believe it would still report to your file.

    3. If you are NOT on the mortgage, then you would have nothing to reaffirm...you are not in bankruptcy. Yes, you could "ride-through" if you pay and the mortgage is in your wifes name....but if able, you might be better off to refi in your own name. If the mortgage is joint, then you still don't have to reaffirm since you are not in bankruptcy, but you would need to pay it as though it was in your name only...

    4. Are you on the car loan as well, co-signed? or just title? Again, if co-signed you are on the hook, if title only then it won't matter. Also, it depends on the finance company if they decide to come get it, some will NOT allow a "ride-through" even if you pay...again depends on if you are on the "car loan" note as well....
    Last edited by daytona; 11-29-2011, 08:13 PM.

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