The question
I purchased a home with my former husband as a co-signer on the primary mortgage and refinance. We divorced in Arizona and the paperwork reflects that I relinquished my property claims. In the process of removing my name from the mortgage, I've learned he's defaulted on the refinance (45k) and plans on declaring bankruptcy. They are stating that he must refinance to remove my name.
If he files for bankruptcy without removing my name through a refinance, am I then the sole loan holder though I do not live in the property and it is legally (by force of divorce) the sole owner?
From the LawyerCentral forum archive. Originally posted 30 October 2012 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).
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