Legal Question in Bankruptcy in Ohio

My husband and I are separated, he filed bankruptcy on a joint loan. The property in question is titled in his name only. I have been making the payments for this loam for the past 6 months, he refuses to give me the property. Can he legally keep this property that he filed bankruptcy on?


Asked on 12/08/11, 11:54 am

1 Answer from Attorneys

David Michael Benson Benson Law Firm

Your husband's obligation on the loan may be discharged in bankruptcy, while your responsibility as a co-debtor will not. He can reaffirm the debt if he likes, but he is not required to do that. If you continue to pay and keep the loan current, there will be no reason for the lender to move on the property and he will be entitled to keep it.

However, should you get divorced, this asset would be subject to division since it has been paid for while you've been married. Of course, that assumes there is any equity in the property (which is far from a given these days).

But I would suggest seeing a local attorney to find out whether your husband is surrendering the property in a Chapter 7 case or making payments on it through a Chapter 13 plan. That should help you discover what he's up to and whether you should bother with continuing to make payments on the property. Good luck!

- BensonBankruptcy.com

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Answered on 12/09/11, 1:07 pm


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