Q: How do I keep the house if my ex files for bankruptcy?
I am divorced but I can't get my ex to finish the ED. It's been 4 years already and there's always a "reason" for it to be continued when we go to court for it.
He hasn't lived here in 5 years. I pay all the bills, live here with the kids and he is not associated with it in any way except on paper.
He is a consigner on the loan and he is on the deed until we can get to court.
He is going to file for bankruptcy and wants to list the house as his asset so they can use it to pay off the debts that he accumulated after our divorce. How do I protect it?
A:
This is a complex situation involving divorce, equitable distribution (ED), and bankruptcy law. Here's a general overview of steps you might consider, but please note that you should consult with a local attorney who specializes in both family law and bankruptcy for specific advice:
1. File a motion to expedite the ED process: Given that it's been 4 years, you may be able to petition the court to speed up the process and finalize the equitable distribution.
2. Seek exclusive possession of the home: If you haven't already, file for exclusive possession of the marital home. This can strengthen your claim to the property.
3. Document all payments: Keep detailed records of all mortgage payments, repairs, and other house-related expenses you've paid since the separation.
4. File a lis pendens: This is a notice filed with the county recorder's office that alerts potential buyers or creditors that there's a pending action affecting the title of the property.
5. Attend the bankruptcy proceedings: If your ex files for bankruptcy, you may need to file a claim in the bankruptcy court to protect your interest in the house.
6. Consider refinancing: If possible, try to refinance the home in your name only to remove your ex from the mortgage.
7. Negotiate with your ex: Try to reach an agreement where he voluntarily transfers his interest in the property to you in exchange for something else.
8. Seek a court order: If your ex is intentionally delaying the ED process, you might be able to get a court order compelling him to cooperate or face sanctions.
Remember, bankruptcy law is complex and can interact with divorce law in complicated ways. The automatic stay in bankruptcy might temporarily halt ED proceedings, but it doesn't necessarily mean you'll lose the house.
It's crucial to consult with a local attorney who can provide advice tailored to your specific situation and North Carolina law. They can help you navigate both the family court and bankruptcy court processes to protect your interests.
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.
