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Gaveitaway

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Will filing bankruptcy clear off a forclosure ?
I signed over the house to my ex-husband in divorce settlement he has since left the house going to foreclosure but my name is still on the note I can't afford to take over the house he still lives there if I file for bankruptcy will this get my name off of the no

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Rudysdad is correct. Unless you had your ex-husband assume* the loan, or he otherwise refinanced it in his name only, you're still liable if he defaults on it. I have also experienced the dubious joys of divorce, she got the house, and I distinctly recall having to get the court to force my ex-wife to assume the mortgage on the home we previously shared. I wasn't able to purchase my own home until that happened, since my debt/financial load included that mortgage.

You do *NOT* have to file for bankruptcy for this to happen, but you may have to get your divorce lawyer to do a bit of work if your ex-husband refuses to take full legal responsibility for the mortgage. 

* "Assume" is a specific thing, where you and your ex will sign documents approved by the mortgage company that specifically says he's taking over the loan, and that your name is no longer on it. I promise that you will want to do that.

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I would not agree with the first response. Signing over responsibility for the payments in a divorce settlement DOES NOT in and of itself relieve you of the obiligations in the note on the home. The only way to have that happen would be for your ex to have re-financed in his name only which is what would have legally transferred the responsibility to him alone. Divorce decrees, of which I have had one, do not alter notes or legal obilgations signed jointly unless the grantor of those obligations/notes have agreed to remove one party or the other. I would, if possible, consult an attorney to determine the best way to protect yourself and avoid bankruptcy if possible.

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When you signed the house over to your ex-husband, that action made the house his legal responsibility and you have the documents to prove it.  Anything that happened after the date the divorce became final is the responsibility of the individual.  Don't go filing bankruptcy since that will hurt you for ten years.  

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