Posted on: 15th Sep, 2009 05:16 am
my husband and i are legally separated. he lives in a mobile home/land that is still in both our names with $8,000 equity. he is now living the there and vanderbilt is refusing to refi the loan and remove my name. i am living in my own house with a loan that has only my name on it and the equity in it is exempted. i have $60,000 unsecured debt just in my name. if i file chapter 7 bankruptcy, will the court force sale of the property of the mobile home/land that my soon to be ex is living in?
There are optiosn for you to excluse the thigns from bankruptcy
Check this out
http://www.mortgagefit.com/bankruptcy/chapter7.html
Check this out
http://www.mortgagefit.com/bankruptcy/chapter7.html
hi banks,
it is up to the bankruptcy judge to decide which of your properties should be sold to pay off the debts. however, i don't think the court will force sell the mobile home to pay off your creditors. the reason for this is, you are not the sole owner of the home. it is co-owned by your husband. you both have an equal right to the property.
if your husband is not refinancing the loan, you can force him to refinance, provided the court ordered him to refinance the loan in his name while you got legally separated.
it is up to the bankruptcy judge to decide which of your properties should be sold to pay off the debts. however, i don't think the court will force sell the mobile home to pay off your creditors. the reason for this is, you are not the sole owner of the home. it is co-owned by your husband. you both have an equal right to the property.
if your husband is not refinancing the loan, you can force him to refinance, provided the court ordered him to refinance the loan in his name while you got legally separated.