Q: Can I file bankruptcy on a house I own with my ex?
I want my name off of the loan. He got the house in the divorce and agreed to take my name off the deed AFTER he refinances so the mortgages are in his name only. It has been 2 years and he still has not refinanced. Thank you!
A:
Hello. Understand that, if you file for bankruptcy, it would be as to ALL of your debts (or at least all of the dischargeable ones). A person cannot pick and choose which debts are included in a bankruptcy filing. You file for yourself, and you must list all of your debts. Any filer is then free to reaffirm certain debts, certain debts are not dischargeable, and other factors come into play that can leave existing debts in place, but a bankruptcy cannot be filed as to only a single debt.
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