Venice, FL asked in Bankruptcy and Family Law for Florida

Q: If my ex files bankruptcy and we co own a home in Florida that I live in with my children, will my home be foreclosed on

We were never married. I went through a modification but have since completed and returned to making regular payments

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2 Lawyer Answers
Rand Scott Lieber
Rand Scott Lieber
Answered
  • Hollywood, FL
  • Licensed in Florida

A: You do not mention if your ex's name is on the mortgage. If the mortgage is in your name and you are making regular payments then the bankruptcy may not affect you. A foreclosure only happens when the mortgage is not being paid. You should speak with a local family law or bankruptcy attorney for more specific advice.

Timothy Denison agrees with this answer

David Luther Woodward
David Luther Woodward
Answered
  • Bankruptcy Lawyer
  • Pensacola, FL
  • Licensed in Florida

A: Does your partner have a lawyer. If he doesn't then you hire one for yourself.

Your half interest is your homestead and if the facts are right the ex's half is his, and as such is exempt.

You need a lawyer to intervene and protect your interest ASAP.

Good Luck

d

Timothy Denison agrees with this answer

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