Lawrenceville, NJ Bankruptcy Law Firms & Lawyers

You are 100% responsible for the mortgage loan. The divorce judgment means nothing to the mortgage company. They will only bother you for money if your husband gets behind on payments or loses the house. Hopefully there is enough equity in the house to cover the loan so there is no deficiency for you to be held liable for. You can review your husband's bankruptcy file and schedules at the bankruptcy court which would have jurisdiction where your ex husband lives.

While you are still married you can file jointly and save money assuming you are getting along with each other. Once the dissolution of marriage is final you can no longer file a joint bankruptcy case. You can now file separate cases whether or not you are separated but the filing fee will be twice as much and the attorney's fees will be double since you will be doing two cases. If you are separated you might benefit from filing separate cases if both of you have high income which might disqualify you from filing a Chapter 7 case. You should both go see a local bankruptcy attorney together with information about your incomes in the past six months and a list of your debts. The attorney will then tell you whether you should file together or separately. Whether or not your debts are community debts does not matter. It does not matter when you accrued the debts. The bankruptcy might simplify your divorce by getting rid of the debt that would otherwise take time to allocate in a divorce case. Once all your debt is gone the divorce will be a lot cheaper and more peaceful.