QUESTION
If I file chapter 7, will my husband be responsible for my debts. Or is divorce a better option?
Asked on Apr 18th, 2013 on Bankruptcy - Texas
More details to this question:
I bought a house before I married. After the marriage, I bought a car for myself. My husband was never on either loan. I am thinking of giving the car back to the bank. If I file chapter 7, will my husband be responsible for my debts. Or is divorce a better option?
8 ANSWERS
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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No, your husband will not be responsible if he is not on the notes, if you filed chapter 7.
Answered on Apr 22nd, 2013 at 11:14 PM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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If he is a cosigner, he will be responsible. Simply filing a bankruptcy does not make him liable if he was not liable before the filing.
Answered on Apr 22nd, 2013 at 9:48 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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The law of each state is different. If you are considering bankruptcy then it is best to talk to a very good bankruptcy attorney in order to determine your rights. Please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
Answered on Apr 22nd, 2013 at 7:58 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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These are weighty decisions which cannot be made by email advice. You would benefit most from consulting a lawyer who practices both family law and bankruptcy and there are a fair number of them around Wisconsin.
Answered on Apr 22nd, 2013 at 7:42 PM
If your husband is responsible for paying any of your debts, divorce won't make any difference to his responsibility to pay the creditors. However, any debt that is made in your name alone, other than medical debts, is your and yours alone, so if you filed bankruptcy, the creditors would not legally be able to seek payment from him.
Answered on Apr 19th, 2013 at 2:49 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If your husband is a co-signor he will be responsible. If the debt is solely in your name he can not be held liable.
Answered on Apr 19th, 2013 at 2:49 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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He won't be responsible for the house and will be for the car, regardless of the status of your marriage.
Answered on Apr 19th, 2013 at 2:48 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Unless your husband was a guarantor or a co-debtor on your debts, he will not be legally responsible for your debts if you file for bankruptcy.
Answered on Apr 19th, 2013 at 2:47 PM