Mortgage Refinancing: If You Can’t Refinance, Should You File for Bankruptcy Or Let The Home Go Into Foreclosure
Before a divorce, spouses frequently spend hours negotiating the details of each item they own, but they frequently neglect the single biggest asset they own together: their home. The best course of action at the time of a divorce is to require the spouse that is going to retain the home to refinance the home prior to the divorce becoming final. If you allow your ex-spouse to retain the home and the mortgage is still in your name, you are still on the hook for the mortgage payments and your credit is subject to take a hit if the mortgage isn't paid on time or your ex-spouse files for bankruptcy or lets the home go into foreclosure.