If my husband files for bankruptcy, will it affect me?
Asked on Mar 08th, 2012 on Bankruptcy - North Carolina
More details to this question:
I got married in 2008 and we separated in 2009. We have a child together and I took over my mom's home last year (2011). My husband is thinking of filling for bankruptcy and I am worried if it will effect me because we are not divorced, the home is under my name and we have no joint accounts or credit cards. I was wondering if you can help me in what to do, thank you very much.
If you don't have any joint debts and he is not on your deed and you don't own any other property together then you should not be affected by the bankruptcy.
If one spouse files for bankruptcy the community property of both is property of the estate. You should consult with an attorney if you are contacted by the trustee in this regard. In the mean time do nothing to transfer your assets.
If your husband files for bankruptcy you will continue to owe any joint debt. He will not. Solution is to file your own bankruptcy or get a divorce court order him to pay you for the debts.
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