Asked in Bankruptcy and Divorce for Tennessee

Q: Divorced ex wife filed bankruptcy on house and all debt does she still have rights to the house money if sold

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2 Lawyer Answers
Lloyd M. Nolan
Lloyd M. Nolan
Answered

A: That depends on what is contained in your Divorce Judgment. She is merely seeking to have her debt associated with the home discharged. There is no other effect whatsoever as to her her rights in the home. Whatever rights she had after the Divorce was granted should be the same after her bankruptcy. This is assuming that she was not ordered to pay the debt associated with the home in your Divorce Judgment. Debts ordered to be paid under a Judgment or Decree of Divorce or Legal Separation are considered non-dischargeable.

Timothy Denison agrees with this answer

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Depends on the terms of your Property Settlement Agreement.

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