QUESTION
Once his bankruptcy is discharged, can I move out?
Asked on Sep 09th, 2014 on Bankruptcy - Michigan
More details to this question:
My husband and I have an odd situation going on. We no longer consider ourselves man and wife and plan to divorce, but I am remaining in the home as he has cancer. He also intends to file bankruptcy as his income has been greatly reduced and the debt, home, etc. are in his name only. I do not need to file. I want to remain in the home to help pay bills for now. I don't know if we can even do this. I just don't want him spending the rest of his life with this debt. We are good friends so are trying to make this as painless as possible.
9 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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You can move out now.. regardless of the bankruptcy.
Answered on Oct 06th, 2014 at 5:52 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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There is no problem with moving out after he files bankruptcy, the issue is whether your income will force him into a Chapter 13. The court considers the income of the entire household not just the Debtor. He probably can't make the Chapter 13 payments, so you might have to move out before he can file a Chapter 7.
Answered on Sep 30th, 2014 at 9:20 AM
Yes to your question. By the way, you will remain husband and wife until you divorce.
Answered on Sep 29th, 2014 at 12:24 PM
I am not able to understand your issue. As long as you & your spouse agree that you can live in the same household & as long as either of you have the legal right to occupy the home (because either or both of your names remains on the title), the bankruptcy discharge will have nothing to do with you continuing to live there ...unless there is something else going on that you haven't told us.
Answered on Sep 29th, 2014 at 11:12 AM
Divorce & Separation Attorney serving Jacksonville, NC
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The Houser Law Firm, P.C.
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There's nothing odd about your situation. First, what you 'consider' yourselves to be is meaningless - you are married! As to moving out you can do that when ever you want. If you aren't filing bankruptcy with him (possibly a mistake) you being there or not shouldn't matter. If you are friends and want to help him pay his debt down you can also do that whether you are there or not further you can divorce any time - again if you aren't filing bankruptcy - whether you are presence in his life or not is pretty much irrelevant and meaningless.
Answered on Sep 29th, 2014 at 3:36 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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You need to see a bankruptcy specialist immediately. Creditors do not care that you do not consider yourselves husband / wife, they will relay on the statute. Generally spouses are responsible for each others medial bills until the divorce is granted.
Answered on Sep 29th, 2014 at 3:32 AM
You sound like a very kind, considerate person! It is very common for one spouse in a marriage to file bankruptcy without the other, even when they are not planning to divorce. The most significant consequence of your living situation in the bankruptcy is that your income would have to be included in the "means test" which determines whether he can file a chapter 7. If your combined income exceeds the median for your area, then it may force him to file chapter 13 and make payments on his debts for 5 years. If that is the case, it may be better for you to get divorced and move out before he files bankruptcy. If your income is not an issue, you just have to include it in the means test and also in the household budget which must be presented on the paperwork.
Answered on Sep 26th, 2014 at 7:30 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Just because everything is in his name, doesn't mean the creditors can't come after you, unless there is a binding prenuptial agreement that makes it clear you have no interest in any of these assets. When are you planning to get a divorce? It may be better to get a divorce first, allocate these assets and debts to him and then he can file bankruptcy or not depending on the prognosis of his illness. Most creditors will negotiate the debt if he tells them he is unable to work because he has cancer. He may also be able to renegotiate the mortgage. It would be useful to talk both to a family law lawyer and to a bankruptcy lawyer.
Answered on Sep 26th, 2014 at 7:29 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Seek counsel, but I see no real issues with your plans.
Answered on Sep 26th, 2014 at 7:29 PM