Legal Question in Bankruptcy in Kentucky

divorce + bankruptcy

My husband deserted me and I don't know where he is.I would like to divorce him and declare bankruptcy so I can get out of my mortgage.Will I be able to do this even though both our names are on the mortgage?I can't sell the property because it is in bad shape, I would never get enough out of it to pay off the loan.

Asked on 3/05/09, 9:55 am

2 Answers from Attorneys

E. Brian Davis Davis Law Office

Re: divorce + bankruptcy

You can file bankruptcy without your husband and discharge all your dischargeable debt. That means that you can discharge the money owed that is secured by the mortgage and surrender the house to the lender. Selling the house then becomes the lender's problem.

Good luck in resolving your difficult situation.

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Answered on 3/05/09, 10:42 am
Gregory Napier Troutman & Napier, PLLC

Re: divorce + bankruptcy

Yes, you can do both a divorce and a bankruptcy without your husband's involvement. If you intend to abandon the house (let the lendor take it and auction it) then a bankruptcy would relieve you of any shortfall on the sale of the home. It would be wise to talk to someone who practices in both family law and bankruptcy.

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Answered on 3/05/09, 4:58 pm

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