Divorce and Negative Equity in home

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RayB

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Hello. I need to find information regarding Divorce and having negative Equity in our home. What do we do? We have around 30k or more of negative equity in our home, largely due to refinancing and exaggrerated appraisals for those refi's. Neither my wife nor I want to stay in, or can afford to live in this house. From what I understand one of us could file chapter 13 bkcy and restructure the loan. Neither of us want to do that as we don't want the house and want to move. The other option that I am aware of is Foreclosure. If we let the house go back to the bank in a foreclosure would we be responsible for the negative equity, fees, repairs, etc that the bank would do before selling the house? If so, would we be able to file bankruptcy on this debt?

My wife can't afford the house. I won't be able to afford the house likely either and need to move over 100 miles away for family support to care for our special needs child which I will have custody of (uncontested). We don't have family members in which we could borrow the money from to cover the difference and neither of us can refi the house due to the negative equity and credit issues.

What can we do?
 
I definitely recommend you see a BK attorney. With negative equity a BK might be the only way to get out of it. Also in some states if the house is forcelosed on, you would not be responsible to pay back any remaining balance left after auction.
 
Short Sale

My husband and I are not in the middle of a divorce. We have been trying to sell our house for three years because we can no longer afford to live here- high utilities, high property taxes, etc. We finally had an offer for $15,000 less than we owed. We talked to our mortgage company. We filed for hardship and short sale. Call your mortgage or bank who has your house. See if they have anything that could help you. We didn't want to file bankruptcy due to being on credit report.

Good Luck.
 
Bankruptcy might not be an option

With the new BKCY laws I am not sure if BKCY is an option. I think that the new laws state that if the family makes more than 60k that they have to file a Chapter 13 in which case we would have to pay it back and keep the house. I will definately look into this though. Thanks
 
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