Legal Question in Bankruptcy in Florida

Repossession - Divorce

I have been divorced since 2001 with my now ex-husband being allowed to keep the home, unfortunatly he could not refinance due to bad credit. This was a modular or pre-fab home & I have recently found out that it has been repossessed. No one has contacted me. My ex is filing for bankruptcy. There is approximately $33,000 outstanding debt. What am I to do now? Should I contact the finance company? Will they be allowed to come after me for the entire amount, half, or what does this process entail? My ex tells me that I have nothing to worry about that his filing bankruptcy should take care of the debt & I have nothing to be concerned with. I have not been able to trust him up to this point & don't think that he is telling me the truth now. Any help that you are able to provide is greatly appreciated. Thank you.


Asked on 2/10/08, 7:24 pm

1 Answer from Attorneys
James Hart The Hart Law Firm, P.A.

Re: Repossession - Divorce

I assume that because your ex was unable to refinance, you are still on the hook for this mortgage? This is an all to common occurrence in divorces where there is property involved.

If your name is/was on the mortgage, then the finance company may very well come after you for the debt. Alternatively, they may attempt to foreclose on the property. Either way, if your name is on the mortgage, your credit is going to get hurt (if it hasn't already been damaged, which is likely since your ex is filing for bankruptcy).

If I were you, I would definitely contact the finance company about this to help your credit. If you need to start repaying the finance company, then you may have a cause of action against your ex-husband.

Unfortunately for you, property distribution is not subject to contempt in divorce cases. However, you could file a Supplemental Petition to Modify the Final Judgment and ask the Court award you the house - or you could sue your ex for breach of contract for not refinancing the house. If your ex-husband is willing to work with you, you may be able to get him to just sign over the house to you and then charge him rent as a tenant.

But I would start with the finance company. You want to try to save your credit. If, on the other hand, your name is not on the mortgage, then you don't have much to worry about.

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Answered on 2/10/08, 9:13 pm


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