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Does Ch. 7 trump Divorce Agreement?

Posted on: 30th Sep, 2010 12:43 pm
Hello,
I currently own a home with my ex-husband. Our divorce agreement states that he & I are each responsible to pay 50% of the mortgage until the house sells. It's far from selling because it has depreciated so much. I am no longer able to afford the payments and am considering ceasing my payments for the house and filing for bankruptcy. If i proceed with this, what legal recourse can he take? Do you know what consequences i may face for breeching our divorce agreement?

Thx,
Samantha
hi guest,

it will be difficult for me to let you know what legal recourse your ex-husband can take. however, as you'll be filing bankruptcy alone, you can include the mortgage in it and get it discharged. thus, you won't be liable for the mortgage payments. you should let you ex-husband know about your financial hardship and request him not to take any legal actions against you.

thanks
Posted on: 30th Sep, 2010 08:31 pm
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