Q: My ex and I have a house in foreclosure. He filed for bankruptcy, if anything happens am I the sole person liable?
My ex and I have a house in foreclosure. He filed for bankruptcy, if anything happens am I the sole person liable? My ex still resides in the house. I stopped paying the mortgage in 2010, foreclosure hasn't been done yet. He filed for bankruptcy Sept 2015. If something happens there, accident, drowning in the pool, slip on ice, etc...Will he be liable since he lives there or am I the only one liable now that he has filed bankruptcy? Does the bankruptcy forfeit his rights to the house? I know he is still on the deed and responsible for the payoff/foreclosure amount since NJ is a recourse state. I live out of state and if I am liable for anything that happens there I will need him out of the house and report it to the bank as abandoned.
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A: You both share liability for anything that happens on the premises. His Bankruptcy merely wiped out any personal liability for the mortgage. Your interpretation of the law is wrong.He no longer has liability for the mortgage, but you do. Reporting it to the lender as abandoned does not solve your problems. You should retain counsel. Good luck.
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