I am buying a home without my husband as he has bad debt from Previous marraige. If he files Bankcrupty can they take my home?

If your husband's name is not on the deed and you purchase the home prior to the marriage, your new husband bankruptcy will not affect your home. The one issue that I can foresee is the fact that you are now married and purchasing a home in the state of Massachusetts. In Massachusetts when you buy a home when you're married that home even if you don't put your spouse's name on the deed is still half their. Make sure you file a declaration of Homestead on the property prior to filing for bankruptcy. It would be even better if your husband file for bankruptcy and then you bought a house, then your home would be excluded from the bankruptcy completely. Remember in Massachusetts, regardless who buys the home, if you're married both people own Matt home and it does not matter if you put your spouse's name on the deed. If you get divorced you will certainly find out that that home is half of your spouse's and the bankruptcy court sees in the same way. So protect yourself with the declaration of Homestead and if you can have your husband file for bankruptcy prior to purchasing a home in Massachusetts. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147