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We are recently divorced with an agreement on the division of the homestead property after it is sold. We cannot keep up the payments so we want to filoe bankruptcy to protect the propoerty. Can we file a "joint Bankruptcy"?
18 ANSWERS
Domestic Relations Attorney serving Huntsville, AL
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Ferguson & Ferguson
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In order to file a bankruptcy together you have to be married.
Answered on Jun 29th, 2013 at 1:54 AM
Bankruptcy Attorney serving Overland Park, KS
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The Smalley Law Firm, LLC
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You cannot file a joint bankruptcy if you are divorced.
Answered on Jun 14th, 2013 at 12:34 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No, you would have to file separately.
Answered on May 29th, 2013 at 3:06 AM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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No.
Answered on May 29th, 2013 at 2:56 AM
Burton J. Green
No. Only married individuals can file a joint bankruptcy. You can both file but will have to do it individually.
Answered on Jul 03rd, 2012 at 11:57 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Persons who are not married to each other are not allowed to file a joint bankruptcy, even if the debts and assets are the same.
Answered on Jun 29th, 2012 at 6:46 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Unfortunately, only married couples are permitted to file jointly. Thus, to protect the property both of you will need to file separate bankruptcy petitions.
Answered on Jun 28th, 2012 at 6:15 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Unfortunately, no. Joint bankruptcy are specifically designed for married couples. It is possible that you could hire the same lawyer and get a discount, but that is something to discuss with the lawyer. If you have conflicting needs then you will need two lawyers. Please understand that using an attorney is very important because bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Answered on Jun 28th, 2012 at 6:13 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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If the divorce is final, you cannot file jointly for bankruptcy (though each of you may be able to file individually).
Answered on Jun 28th, 2012 at 6:04 PM
You can file separately. But, no. Only married persons can file a joint bankruptcy petition.
Answered on Jun 28th, 2012 at 6:01 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Not if the divorce is final before you file for bankruptcy. You each have your own options.
Answered on Jun 28th, 2012 at 5:59 PM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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No, after the effective date of the judgment of dissolution (the date the marriage ends) you cannot file bankruptcy jointly.
Answered on Jun 28th, 2012 at 5:20 PM
Bankruptcy Attorney serving Washington, DC
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Law Offices of Diann C. Moseley
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No. A joint bankruptcy petition refers to a single bankruptcy petition filed by a husband and wife who live in the same household. Even a husband and wife who live separate and apart cannot file a joint petition.
Answered on Jun 28th, 2012 at 5:16 PM
Bankruptcy Attorney serving Grand Rapids, MI
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David Andersen & Associates, PC
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If your divorce is final you would have to file individual bankruptcies.
Answered on Jun 28th, 2012 at 5:14 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It may require 2 petitions. You probably each have separate debts, and separate households.
Answered on Jun 28th, 2012 at 5:14 PM
You can no longer file jointly. Only married couples may file jointly. Because both of your names are on the loan and both are on the deed, protecting the property is going to be a tricky proposition. You need to be asking yourselves a big question after you have asked an attorney a big question. The attorney question is "Is there any way to do what we want to do" and "If so, what will it cost" Be sure to tell the attorney that you are already divorced. The ask yourself question turns in part on the attorney's answer. Lots of times when a property goes into default and there is no equity and you can't afford it, even if you could afford it, you have to ask whether it is worth it. I fully understand that there is a lot of sentiment in the family home, especially if one of you and the children still live there, but you have to eat, too and if it is underwater, in default and the payments are too high, the universe is telling you something and it isn't to throw everything you have at a sinking house.
Answered on Jun 28th, 2012 at 5:08 PM
Bankruptcy Attorney serving Atlanta, GA
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Saedi Law Group, LLC
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If you are legally divorced your cannot file a case together.
Answered on Jun 28th, 2012 at 5:07 PM
Daniel James Wilson
If divorce decree has entered, no. You need to file separate cases.
Answered on Jun 22nd, 2012 at 2:30 PM