Legal Question in Family Law in Illinois

I was married in 2006. In 2006 a home was purchased in my husband's name only using a 100% financing offer. I believe I am on title or signed a homestead document. I'm not sure what I signed at the closing, but I signed a couple of documents. In 2007 I filed CH 7 bankruptcy. This marriage has been very unstable for a long time. Recently I told him I want a divorce and was going to be moving out. He told me that I am reasponsible for half of his personal debt as well as half of the debt of house, meaning that the house most likely would be sold as a short sale. We have no joint accounts together. I have about 11,000 in credit card debt and he has about $35,000. Am I responsible for this house after the filing of a bankrupcty? Am I responsible for half his debt?? We are close to equal in our earnings, however, my husband is in HVAC and works a lot of side jobs that pay cash.


Asked on 6/12/10, 6:56 am

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

No, your personal liability has been discharged. Any attempt to make you responsible would be a violation of the permanent injunctive discharge order. A divorce court can not order you to be responsible. Move out.

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Answered on 6/13/10, 6:10 pm


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