QUESTION
How does filing for bankruptcy affect my husband following legal separation?
Asked on Dec 29th, 2011 on Bankruptcy - Massachusetts
More details to this question:
I have filed for legal separation from my husband. I gave him the home, all of my part in it. And now I need to file bankruptcy, how will this affect him?
10 ANSWERS
Chapter 7 Bankruptcy Attorney serving Huntington Beach, CA
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Law Offices of Robert Parkinson Taylor
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Your actions could have wide ranging implications, too much to discuss here.
Answered on Jul 08th, 2013 at 1:32 AM
Glen Edward Ashman
It may have enormous effects on him, and on the separation, and on a future divorce. You have to have legal counsel in this. The answer will depend on a review of detailed facts not in your post.
Answered on Jul 02nd, 2013 at 2:54 AM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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He will need to file the appropriate order granting him the house in the deeds division. Once that is done, you could proceed with your bankruptcy without it impacting the house.
Answered on Jan 17th, 2012 at 6:25 PM
Business Bankruptcy Attorney serving Raleigh, NC
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J.M. Cook, P.A.
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To the extent you had any joint debt, he will be responsible for the debt.
Answered on Jan 17th, 2012 at 8:50 AM
2 Awards
He will still be liable for all debts in his name, and any assets considered community property may come into your bankruptcy.
Answered on Jan 16th, 2012 at 7:12 PM
Bankruptcy Attorney serving Buford, GA
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Kenneth A. Parker, PC
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If you have any joint debts, the creditor will be able to collect any unpaid balance from your soon to be ex. Any debt that is only in your name will not affect your husband. This applies in Georgia.
Answered on Jan 16th, 2012 at 5:40 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Transfers within one year of the bankruptcy filing to a spouse can be set aside by the trustee. Was the transfer approved by the family law court? The trustee can recover you share of the property for your creditors. This is a serious issue and should seek the advice of an attorney who is a certified specialist in bankruptcy law. Consult the State Bar for a listing of those attorneys in your area.
Answered on Jan 16th, 2012 at 5:25 PM
Bankruptcy Chapter 11 Attorney serving Dacula, GA
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Chronister Law Firm, LLC
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It depends. If you are on the mortgage with your husband and you file bankruptcy, then the mortgage company can still pursue him to make good on the mortgage. Same goes for any other debt that you are joint with your husband. Even in a divorce, and in most cases, if the court decides that you are responsible for some amount of debt that is in both your names, the bankruptcy court will not permit you to discharge those debts. If for some reason, as in the case of the home, you manage to get your portion of the debt discharged through bankruptcy, you could then find yourself in contempt of the final divorce decree; since in most cases this is an obligation directed by a state court to prevent the other party from having to be solely responsible for joint debt that the two of you incurred during the marriage. Your bankruptcy attorney should be able to explain all of this to you in a succinct manner.
Answered on Jan 16th, 2012 at 5:16 PM
You can file married but separated. Your husband will not be affected. His name will not appear on the bankruptcy and you will not need to include his income at all.
Answered on Jan 16th, 2012 at 5:16 PM
You should consult with a bankruptcy attorney about the details of your financial situation. Your divorce attorney should be included in this discussion. Depending upon when you transferred your interest in the home, it may still be considered as one of your assets for the purposes of bankruptcy. Bankruptcy in conjunction with a separation or divorce can be very complicated, particularly where there are significant assets.
Answered on Jan 16th, 2012 at 4:40 PM