Legal Question in Real Estate Law in Virginia

Marital separation in Bankruptcy.

My wife and I separated before I filed Bankruptcy, Chapter 13. How can I get her name off the Mortgage note so it won't effect her credit?


Asked on 4/04/00, 4:54 am

2 Answers from Attorneys

Daniel Press Chung & Press, P.C.

Re: Marital separation in Bankruptcy.

The only way would be to pay off or refinance the mortgage, which you will not be able to do while in bankruptcy.

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Answered on 4/20/00, 11:45 am
Bruce Marshall Durrette, Irvin & Bradshaw, P.L.C.

Re: Marital separation in Bankruptcy.

You cannot without the banks permission, and that is going to be difficult. When and if you can get the property refinanced, you can take care of it, although that may take some time. Sorry.

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Answered on 4/21/00, 5:11 pm


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