I got divorced in August 2011. My ex moved to Florida while the kids and I still reside in Illinois. In our divorce settlement I have to sell the house in 2015 and split the procedes with her. She filed bankruptcy in Florida using the house to have enough debt to income ratio. Her name is on it even thou she pays nothing towards it. She just recently moved back to Illinois but has to go down to Florida the 29th of May to finalize her bankruptcy. Will this affect me at all? Will she still be intitled to her share of house? Any information on this would be greatly appreciated. Don't know a thing about bankruptcy but its a Chapter 7.
1 Answer from Attorneys
As described in your inquiry, her inclusion of the residence in the Chap 7 bankruptcy
should have no effect on the ownership or liability for the house. Assuming that the
information in her petition was accurate, there should be no effect on you. Yes, she
will still be entitled to any share in the marital settlement agreement. Chap 7 is the
most common bankruptcy.
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