Whether you file for bankruptcy or not, if you do not pay for the home it will be foreclosed. A bankruptcy filing will generally stall a foreclosure but unless a provision is made to pay the mortgage the bank will ultimately foreclose.

Answer Applies to: California
Replied: 9/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Who is on the loan? There is a co-debtor stay when the bankruptcy is filed.

Answer Applies to: California
Replied: 9/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

The filing of a bankruptcy does not mean that a house goes into foreclosure, and a bankruptcy cannot create a foreclosure situation by itself. Whether a foreclosure occurs or not is based on whether the loan terms are being performed. For example, if the loan payments are current or not is what can determine of there is a foreclosure. As far as foreclosure, whether her name is on the title or not doesn't matter. The real issue in a bankruptcy situation is whether you are in a community property state, whether she used to be on the title or not, how long you have been married and if there is any equity in the house to make sure the bankruptcy trustee does not claim an interest in the house. Bankruptcy is not just a matter if filling out forms. It can affect your rights to property. Your wife should consult with a bankruptcy attorney to make sure a bankruptcy does not affect the ownership of the house.

Answer Applies to: California
Replied: 9/27/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

If your husband's name is not on the loan or title, his filing for bankruptcy will probably not stop any pending foreclosure sale.

Answer Applies to: California
Replied: 9/27/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

If your spouse files bankruptcy she will need to claim an exemption on your home. If the exemption is allowed you keep the home and the trustee does not sell it. Keep making the regular payments.

Answer Applies to: California
Replied: 9/27/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Your home can only be foreclosed on if the mortgage payments are not made. It does not matter if your spouse files bankrupty if you are the only one on the title.

Answer Applies to: California
Replied: 9/27/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.