Arlington, TX asked in Divorce and Bankruptcy for Louisiana

Q: Do I have any legal recourse to get the money from my ex for what we are paying on his mortgage?

My ex & I were divorced in 2012. At that time, we did not do any settlement of marital property. Not long after, he filed bankruptcy. He included our house as a surrender (he lived in it & was not paying). After he concluded the bankruptcy, he wanted to refinance, so I signed a paper giving him the house & obsolving me of being financially responsible for the loan. Instead of refinancing, he did a loan modification (without my signature) that I thought took me off the loan. Fast forward and my husband & I file bankruptcy. The mortgage company filed an unsecured claim because even though my name is no longer on the property, it is still embedded somewhere in his loan. He says he pays his loan & pays on time. They are now taking money from my bankruptcy payments & paying in his mortgage for a house I no longer legally own or am entitled to.

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2 Lawyer Answers
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: You should list that claim as an asset of you estate and let your trustee pursue your ex husband. If he got a loan mod without your signature, he may have signed your name which is a crime.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
  • Covington, LA
  • Licensed in Louisiana

A: A partition of community property with a family attorney, would have resolved these issues. Consult with one now. Also contact your bankruptcy attorney.

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