Posted on: 03rd Jun, 2011 08:45 am
My ex boyfriend and I bought a house together in 2006. I moved out shortly after we split a couple months later and I have not lived there since. The house has been in and out of the foreclosure process since then and he has not made a payment in over 6 months. I've gone to several lawyers asking if it's possible to remove my name from the deed and it is not at this time. My question is if I would be able to file for bankruptcy and then not have my name on the deed anymore?
Being on the deed is not the problem. People can be added or removed from title. Your issue is the loan. A lender will not remove any party, unless by sale or refi. If you have some equity in the home, sell it. With the foreclosure hanging over, he would not be able to refi. If you file BK, it depends on the type of BK you use and whether the courts allow you to discharge the debt. Contact a local BK attorney and get a free consultation.