Divorce two years no attorney s well I got the house and was told to remove her name. ( no time frane)
I just filled bankruptcy on August 2nd.
Want to know the legal ramifications on of I let it go in the bankruptcy ? I know she has the divorce decree but need to know options
2nd Is keep house and get payments caught back up . I was served papers from Wells Fargo asking me to reply within 20 days of this it looks like they are saying foreclosure of mortgage. I am behind whith loan about 8-9000 . I am looking at starting to pay $2200 per month or $1100 every two weeks and that would make my payment plus almost $500 per month to put towards what is owed
Just asking for my options
2 Answers from Attorneys
It would depend on the exact wording of the divorce judgment and MSA. I include in mine that maintenance can be used when one party has been harmed by the other failing to pay. The court will then order maintenance sufficient to pay the mortgage.
Courts can order payment.
Courts can order the payment for damages related to the failure to pay.
Certainly they could order you to pay her bankruptcy costs. It would depend on how she wants to handle it.
I would probably talk to her about it, and give her notice before it blows up in your face.
My answer has not changed.
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