I Need a Divorce But I’m Trapped in a Mortgage. – Susan

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Dec. 19, 2009

Susan wrote to me through the GetOutOfDebt.org site and asked the following question. If you have a credit or debt question you’d like to ask just use the online form. I’m happy to help you totally for free.

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“Dear Steve,
My relationship with my husband has hit a new low. I need to get out of here and get a divorce but we have a mortgage together on a house that we owe more on it than it is worth if we could sell it.
What do i do?
Susan”

Steve’s Answer:

Dear Susan,

When you get divorced, you divorce your spouse, not your creditors. You still remain legally obligated for repayment.

The fastest way out of your relationship will be to approach it from the opposite direction. If you file individual bankruptcy and discharge your debt and/or you responsibility for any joint debts that will leave your husband on the hook for the joint debts and you can walk away.

Once your obligation is severed you can get a divorce and start a new life without any worries of your joint entrapment or commitment on the old debts and mortgage.

Go speak to a local bankruptcy lawyer and while you are there ask them for a referral to a local divorce lawyer.

Let me know what you decide to do.

Big hug.

@GetOutOfDebtGuy