Legal Question in Family Law in Georgia

Just got divorced,my ex got the house which is in a bankrupty, which I pay on every two weeks,after the bankruptcy is over she is suppose to make the payments. After I turned the utilities off (because she wouldn't put them in her name) she moved out ,and I find out now that I'm still liable for the mortgage so what can I do,

Asked on 10/14/13, 2:52 pm

1 Answer from Attorneys

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Who has filed bankruptcy? If you, did you file a chapter 7 or chapter 13? It sounds like you filed a 13 if you are paying. Whose name is on the deed to the home? The mortgage?

I am somewhat confused by your facts. I think you need to talk to your bankruptcy attorney if you are the one who filed bankruptcy. If the house is not yours and you want to be relieved of the mortgage debt, then you should file a chapter 7 bankruptcy if you qualify. You can convert the 13 to a 7. If she is the one in bankruptcy and if you are still liable on the mortgage your options are to file your own bankruptcy to discharge your liability on the mortgage or return to the family court to see if you can be granted leave to sell the home since the ex-wife obviously has no interest in the home and will not make the payments once she emerges from bankruptcy.

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Answered on 10/14/13, 8:37 pm

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