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Bankruptcy w/Divorce Can I get her name off the house without refinancing?
Ok my wife and I are currently filing chapter 7 bankruptcy, and planning a dissolution of the marriage. The house is in both of our names, is there any way to remove her name from the deed/mortgage (with her consent) without refinancing? If not, what are the odds of being able to get the refinancing after the bankruptcy? And would I be better off just putting the house into the bankruptcy instead? I would like to keep the house, and she's OK with that. But, understandably, she does not want her name on it any longer. It's a confusing situation, help!
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Its unlikely. The lender may not be bound by the terms of the divorce transferring the house to you. The lender's best interests are served having more people responsible for payment.
Talk to your bankruptcy advisor, divorce atty and the lender to see what might be arranged. |
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