Expert: Mark J. Markus- California Bankruptcy Attorney - 2/19/2010

Question
Ex wife and I are both on mortgage.  She kept house.  If she takes out 2nd mortgage, am I liable for that or only for original mortgage?  I would like to file ch 13 just to relieve myself of liability on that mortgage.  Would it be immediately discharged or would it require payment plan?

Answer
You are only liable for debts you signed for or, if you live in a community property state, for debts incurred during the marriage.  If your wife took out the 2nd mortgage after your divorce, you are not liable for it, although it is obviously still a lien against the property.   A Chapter 13 would relieve you of liability on the first mortgage (if you even have any liability...you need to check with an attorney in your area to see if they have an anti-deficiency statute, because in most states, initial first mortgages are limited to recovery against the property itself, not against the owners).  And yes, in order to receive a discharge in a chapter 13 case you must complete your payment plan.

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