Legal Question in Bankruptcy in Virginia

me and my husband are divorced all of our property is discharged to me. i pay for all my property but both our names are on the deeds. he needs to file medical bankruptcy. will this effect me and my property in anyway

Asked on 9/29/10, 12:45 pm

1 Answer from Attorneys

Robert Brandt The Law Firm of Robert S. Brandt

It seems odd that both of your names are on the deed sicne in 99 out of 100 divorces only one of the spouses retains ownership in the marital home following a refinance and a relinquishment of ownership by one of the spouses. In any event, the conroling instrument is the deed of trust, the mortgage in other words. If both names are on there then both you and your ex are still legally obligated. Once he files for bankruptcy only you remain legally obligated on the mortgage. Bottom line, as long as you continue to pay the mortgage then everything should be just fine.

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Answered on 10/04/10, 1:06 pm

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