If I file bankruptcy who will get the house?

[missshay]

My husband and I separated last Jan. He gave me the separation papers. I didn't agree with them until later. When I talked to him later, I told him that I agree with what he wanted. The house is in my name, he is not on the mortgage at all but the state of North Carolina required that he be put on the deed because we were married and still together at the time of purchase. I agreed to let him keep the house in my name as long as he paid the mortgage and he can keep the car (that's also mine). Well I found out that he hasn't been paying the mortgage and the mortgage company is going to foreclose on the house. If I file bankruptcy before they foreclose on the house will he still be able to to live in the house?

[lrprn]

This is a messy situation and you need sound legal advice to know what is in your best interests in the long run.

Most bankruptcy lawyers provide free or low cost initial consultations. Set up meetings with 3-4 in your area and ask each one what your options are in your situation combined with your state's foreclosure laws.

And a gentle suggestion....in the future NEVER allow anyone to make payments for an asset that only you are financially responsible for. It's your credit that will be trashed in that situation if the payments aren't made (as I'm sure you have discovered). Did you and husband have a witnessed agreement in writing regarding his making payments for the house and car?

Please go talk with a good divorce lawyer as well as a bankruptcy lawyer. From what you've shared with us so far, it's obvious that you are being taken advantage of in this situation big time.

[kiddles]

I second the motion - you need a very good divorce lawyer. Married persons in EVERY state are able to own real property as their "sole and separate property". No state requires that a spouse be put on the deed.

Sounds like he's been taking advantage of you for a while.

[needafreshstart]

From my own personal experience since payments are late as soon as you file they will probably lift the stay and foreclose. Your ex may be able to stay in the house during the foreclosure process, but then he will be out.

[familyof7]

I agree if its behind no one will get it you will be cleared of the debt but he may still be liable because he insisted his name be on it and bankruptcy will clear you but unless he files he will probally have a foreclosure on his credit. I dont know for sure but I do know if its behind no one will get it except the bank

[FreshLikeADaisy]

I second the motion - you need a very good divorce lawyer. Married persons in EVERY state are able to own real property as their "sole and separate property". No state requires that a spouse be put on the deed.

Actually, that's not entirely true. I don't know if it's the mortgage company or the state law in NC, but every married person I know there who got a house was forced to register it in both names or not have a mortgage. This includes a friend of mine who is a senior VP at BOA with a high priced attorney to help: she was buying a house, paying for everything, and (secretly) planning to divorce the hubby. She could NOT get a mortgage in NC unless she put his name on it, period.

Now, if she had paid cash for this McMansion, you're probably right: she could quitclaim deed it to ScoobyDoo if she felt so inclined, or trap hubby in the basement with Uncle Guido until he signed it over to her. But not with a mortgage. I spent 15 years there, and I saw it over and over and over again.

Keep in mind that NC is not a state that allows quick and easy divorces: pretty much every law in the state is geared toward that. I would add that quitclaims executed during the term of a mortgage usually trigger foreclosure through the "due on sale" clause, so it's not like she could nod and smile during the closing and then turn around and get a quitclaim, either.

Good luck!

[missshay]

I want to thank everyone for your response to me thread. Thanks again. MissShay

[missshay]

This is a messy situation and you need sound legal advice to know what is in your best interests in the long run.

Most bankruptcy lawyers provide free or low cost initial consultations. Set up meetings with 3-4 in your area and ask each one what your options are in your situation combined with your state's foreclosure laws.

And a gentle suggestion....in the future NEVER allow anyone to make payments for an asset that only you are financially responsible for. It's your credit that will be trashed in that situation if the payments aren't made (as I'm sure you have discovered). Did you and husband have a witnessed agreement in writing regarding his making payments for the house and car?

Please go talk with a good divorce lawyer as well as a bankruptcy lawyer. From what you've shared with us so far, it's obvious that you are being taken advantage of in this situation big time.

I paid the car off a few years back. I don't have anything in writing saying that he would make the payments.

[FreshLikeADaisy]

MissShay, I don't know if you're anywhere near Raleigh, but if you go to rosen.com (that's a huge divorce firm in Raleigh) they used to have a place online where you could ask questions, and a whole lot of great info on divorce in NC. If you are within driving distance it might be worth the trip to get a consult, they're great. I've never heard a bad word about them, and have had friends who have used them and were very pleased. But go online first and see if you can get some info there. (I don't know what they charge for a consult.) I have no affiliation with them; I have just found their website to be *amazingly* helpful. NC divorce law is so bizarre. Good luck!