Legal Question in Bankruptcy in North Carolina

estranged husband wanting to file bancruptcy

My husband left 30 days ago following a mental

collapse. He is trying to run away from everything

and I fear is planning on filing bancruptcy to get

out from under his debts. The credit cards are all

in his name and he has taken all the cash

available from them. The problem is the house I

live in. The mortgage is in my father's and my

husband's name and my husband would like to sign

over his share or whatever to get outfrom under

this obligation, but my father is now retired and

neither him nor I qualify for refinancing of the

loan. If he files for bancruptcy will we lose the

house and what can be done to protect ourselves

from this happening. I have been making the

mortgage payments and have also been paying

minimum payment due to the credit cards till I

know what he is going to do.


Asked on 7/01/99, 4:54 pm

1 Answer from Attorneys
Susan Freiman The Legal Clinic

Re: estranged husband - bancruptcy

Regarding the mortgage, if the payments are current, there is no reason for the bank to foreclose. If the bank operates what is called an acceleration clause, you will need a lawyer to help you.

Regarding the credit cards, if they were in his name alone, they are his debt, not yours. Why are you paying them?

You probably should talk to a lawyer to help you through the entire situation. If you can't afford one, go to Legal Aid. Most bar associations also have a panel of lawyers willing to work for a reduced fee.

Good luck!

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Answered on 7/12/99, 3:31 am


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