Legal Question in Bankruptcy in Louisiana

My exwife declared bankruptcy and included are mortgage in with it. She did not reafirm the mortgage. Is she entitled to the house ?

Asked on 2/15/10, 9:35 am

1 Answer from Attorneys

Robert Louque The Louque Law Firm, L.L.C.

Ownership of property and the liens that attach to that property are two separate concepts.

Technically, she is still an owner of the property but she does not have a personal obligation to continue paying the mortgage. However, the property itself continues to be liable on the mortgage and the house can be sold to satisfy the amounts owed to the mortgage company.

While she still has a claim of ownership to the house (along with you), you should consult with a lawyer to discuss other rights you may have, independent of ownership, to offset her claim to her ownership and possibly convince a court or even her to transfer the house to you. You may have rights to something called reimbursement if you are paying the mortgage.

Good luck.

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Answered on 2/20/10, 9:49 am

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