Question
Does my surrendering the house to bankruptcy take down my ex husband too?
I am surrendering the house to bankruptcy, but my ex husbands name is still on the title. Will this affect him in any way? How do I prevent it from hurting his credit score?LawQA.com Answer Library
Answered By: The Law Offices of Kristy Qiu
Is he on the mortgage note? If not, the chances of affecting him is slim to none.
Answer Applies to: Florida
Replied: 10/10/2011
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Answer Applies to: Florida
Replied: 10/10/2011
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.
Answered By: Law Office of Lynnmarie A. Johnson
If he is on the house note and you surrender it or it is foreclosed, it will be reflected on his credit score, the mortgage company may even go after him for payments. It doesn't matter what the divorce judgment said, if you both signed for the mortgage, you are both responsible until the house is sold or refinanced. Good Luck!
Answer Applies to: Michigan
Replied: 10/10/2011
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.
Answer Applies to: Michigan
Replied: 10/10/2011
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.
Answered By: Bankruptcy Law office of Bill Rubendall
If your former spouse is on title a foreclosure will appear on his credit report.
Answer Applies to: California
Replied: 10/8/2011
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.
Answer Applies to: California
Replied: 10/8/2011
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.
Answered By: Janet A. Lawson Bankruptcy Attorney
It will only hurt him if he is on the loan.
Answer Applies to: California
Replied: 10/8/2011
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.
Answer Applies to: California
Replied: 10/8/2011
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.
Answered By: Charles Schneider, P.C.
It may be a negative credit reference on his credit report if his name was on the promissory note used to purchase the home.
Answer Applies to: Michigan
Replied: 10/8/2011
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.
Answer Applies to: Michigan
Replied: 10/8/2011
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.
Answered By: Dan Wilson Bankruptcy
When you say ex is still on the title, I am going to assume that you mean he is also on he promissory note. If that is the case there is little you can do to protect your ex. Your debt will be discharged but his responsibility will remain. It is very common in this circumstance that one ex-spouse's filing inevitably triggers the other ex-spouse files.
Answer Applies to: Colorado
Replied: 10/8/2011
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Answer Applies to: Colorado
Replied: 10/8/2011
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.
Answered By: The Law Office of Darren Aronow, PC
If the lender "accepts" the surrender, then he would need to sign the deed as well. If he is on the note then it has already effected his credit and will continue until the lender takes back the house. However, just because you want to surrender, does not mean the lender will accept the surrender. For example, if you have judgments or a 2nd mortgage on the house, the lender is likely not to accept the surrender and let it go through the foreclosure title where they will then get a clean title from the foreclosure referee.
Answer Applies to: New York
Replied: 10/8/2011
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.
Answer Applies to: New York
Replied: 10/8/2011
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.
Answered By: Heupel Law
It depends if your ex-husband is on the mortgage. If so, then yes, the missed mortgage payments will have a negative affect on your ex-husband's credit. If you ex-husband is only on the deed, then surrendering the home will not have an affect on him.
Answer Applies to: Colorado
Replied: 10/7/2011
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.
Answer Applies to: Colorado
Replied: 10/7/2011
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.
Answered By: Financial Relief Law Center
It will only impact your ex-husband's credit score if he is named on the mortgage loan to the property. Being late on those payments, a foreclosure etc will impact his credit if he is on the loan. If he's not on the loan, then his credit will not be impacted.
Answer Applies to: California
Replied: 10/7/2011
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.
Answer Applies to: California
Replied: 10/7/2011
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.
Answered By: Carballo Law Offices
I suppose you are surrendering the property because you have not been paying for a long time and the balance of the loan is more than the value of the property. In that case your husband's credit report is already affected if he is on the mortgage since neither you nor he have been paying the mortgage. Surrendering the property means that you are not going to oppose the foreclosure of the property in the bankruptcy court. The bank still has to foreclose to get the title from you and your ex husband.
Answer Applies to: California
Replied: 10/7/2011
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.
Answer Applies to: California
Replied: 10/7/2011
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.
Answered By: Guardian Law Group PLLC
Yes. If his name is on the loan then he is still responsible for the mortgage.
Answer Applies to: Utah
Replied: 10/7/2011
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.
Answer Applies to: Utah
Replied: 10/7/2011
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.
Answered By: D T Pham Associates, PLLC
It all depends on property division ordered in your divorce decree.
Answer Applies to: Texas
Replied: 10/7/2011
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.
Answer Applies to: Texas
Replied: 10/7/2011
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.
Answered By: Newland & Newland LLP
Why would you surrender your house in bankruptcy? Many people can get a modification after bankruptcy.
Answer Applies to: Illinois
Replied: 10/7/2011
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.
Answer Applies to: Illinois
Replied: 10/7/2011
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.
Answered By: Ross Smith, Attorney at Law
The answer to your question does not turn on whether your ex is on the title. It all depends on whether he signed the mortgage note. If he did sign the note, then he will be left solely liable when you file for bankruptcy. and surrender the house. You will be released and he will be left on the note alone. He will have to fend for himself. On the bright side, your ex will also be the sole title holder after you finally surrender the house. I suggest that you stay in possession of the home as long as possible, even though you are surrendering the house.
Answer Applies to: Ohio
Replied: 10/7/2011
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.
Answer Applies to: Ohio
Replied: 10/7/2011
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.
Answered By: Law Office of Xochitl Anita Quezada
If his name is on title and the loan documents, then he can keep paying the mortgage and keep the house. Your bankruptcy will not affect his credit score.
Answer Applies to: California
Replied: 10/7/2011
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.
Answer Applies to: California
Replied: 10/7/2011
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.
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