Hi, I am going to be filing ch7 and getting a divorce. I am planning on filing pro se on both. My divorce is supposed to be non contested he is not interested in custody at all. He has already moved out and we have split possesions (i.e. furniture ect..) the mortgage is in both our names. Am I right in thinking that it will be easier to file BK first and then in our divorce there will be no debt or property or anything to split? My concern is that since he is not filing BK (his personal decision) the mortgage co will come after him for the mortgage and I may somehow end up liable for something in the divorce. Does anyone have any experience on this? I have me with bk and divorce attnys but not with these particular questions. Thanks
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When I divorced some 20 years ago (laws different back then), my soon to be ex decided he wanted to file BK because he owed me a $50K on a promissory note signed prior to our marriage (dumb, I know). As part of the divorce, the lawyers drafted language into the divorce paperwork stating that he would be held liable for any damages I suffered as a result of any of our secured and unsecured creditors coming after me or any negative reporting done by them to any of the credit reporting agencies. After the divorce, the mortgage lender never came after me nor did my credit report ever show any negative reporting by any creditors. His bankruptcy went through with me, the mortgagor and many otheres listed as a creditors. -
Wow, lots of typos in that last sentence -- should be "and many others listed as creditors."
I should add, I never filed BK back then.Comment
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I've heard it's best if both parties file bk then divorce, so like you said, there's nothing to split.
Anything can be written into the divorce decree, but getting it enforced may be difficult. I know my husband's ex spent $thousands on the AP she filed on our 13. Yeah, he owed her, but bk law was on his side (we did finally agree to settle w/her and one of those debts will survive our bk).
Better now to get everything in each of your names - refinance joint stuff if you can. Then when you bk, it's just you.Comment
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