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I have been seperated from my husband for a year, and am now filing for divorce. I have had no contact with him since he left. I pretty sure he does not want the marital home, Its is falling apart and neither of us have the money for repairs.I do notwant to stay here either. The problem is, we owe more than what is is worth. Can i just quite making payments and let the bank take it back? My credit is already shot. I filed bankruptsy last year. so i can not do that again. Neither of us wish to stay here , both of our names are on the mortgage. If i let the bank take it back will he be responsible for his half of the loan? I understand i will be responsible for my share.

4 Thoughts on divorce: Neither of us want the marital home?
  1. Reply
    Arthur W
    December 1, 2011 at 5:42 am

    The courts willprobably order it sold if no one wants it. The difference on whats owed will be divided between you two so hopefully you know where hes at or the bank will come after you for the entire rest since they know where you are.

  2. Reply
    KnoBettr?
    December 1, 2011 at 5:51 am

    If you getting a divorce, ask your attorney the best option for you state of residence. Good luck

  3. Reply
    Rita Tarder
    December 1, 2011 at 6:14 am

    The bank can go after both of you…or just one of you. It is completely up to them. See if you can sell it to one of those companies that purchase dilapidated homes….but you WILL need his signature.

  4. Reply
    FemFatale
    December 1, 2011 at 7:01 am

    No, you shouldnt do that at all. The worst thing you can do is file a bk and then let them foreclose on you. From a creditor’s point of View that would appear really irresponsible. Where are you gonna live after the divorce is final? More than likely you will have to call on your credit at some point to purchase another house, rent, buy appliances or whatever. Look into getting a loan to make repairs. Contact your city hall. They might have some programs available to help you out with the repairs. What about doing the repairs as a conditon of the sale? You can use “earnest money” to make repairs as soon as you get a buyer depending on how many repairs are necessary.
    If that fails, sell the house, get what you can out of it. Then be delinquent on the loan NOT the house. What chapter did you file? Did you reaffirm the mortgage? If you didnt reaffirm the house, you should be able to just walk away from it. Check with an attorney though, each state is different.

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