Ingleside, IL asked in Bankruptcy for Illinois

Q: How would I list my house under the assets portion of my bankruptcy if the co-owner is not filing also?

My ex-husband and I own a house jointly. I am filing bankruptcy and he is not. How would I list the property under the assets portion of my bankruptcy. He intends to keep the house and continue to pay for it, but is unwilling to refinance it in his name alone.

Related Topics:
1 Lawyer Answer

A: There's a section to put in the value, and another for the value you own. If you are on the mortgage, you put this as a debt on Schedule D, and your ex-husband would be listed as a co-debtor on Schedule H. If you are current on your mortgage, the bank, 95% of the time, will leave the arrangement undisturbed. However, if you want to be sure, you can reaffirm. I would suggest speaking to a bankruptcy attorney to be sure this is done correctly.

Information provided for informational purposes only and should not be taken as legal advice.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.