QUESTION
What is my wife's liability if I file a bankruptcy?
Asked on Oct 20th, 2013 on Bankruptcy - Washington
More details to this question:
I have been married for 31 years and my wife left me a year ago. She has not contributed to the joint property we own and short sale or foreclosure could be eminent. We both worked and contributed to all our assets and debts. What is her liability if I file for bankrupcy
10 ANSWERS
William Rhymer
She would still be responsible for the debts that she signed for liability. Otherwise it should not affect her.
Answered on Oct 22nd, 2013 at 8:16 AM
William M Stoddard
Unless there is a filed petition for separation, you are both still on the hook for all the bills. I suggest you disclose to her what is happening and invite her to join you.
Answered on Oct 22nd, 2013 at 8:02 AM
2 Awards
She will not receive a discharge of debt and as such could still be sued by the creditors for nonpayment.
Answered on Oct 21st, 2013 at 11:37 PM
David Thomson Egli
If you file a chapter 7 bankruptcy and receive a discharge, your wife remains liable for the community property debts of your marriage as well as her own separate debts. However, you are required to list all of the community property of you and your wife and all of your separate property in the bankruptcy schedules. To the extent that the property is exempt, you get to keep it and the creditors can not levy on it to collect the amounts still owed by your wife.
Answered on Oct 21st, 2013 at 11:34 PM
Chapter 7 Bankruptcy Attorney serving Huntington Beach, CA
at
Law Offices of Robert Parkinson Taylor
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It all depends on whether a particular debt was incurred in your name alone, her name alone, or on a joint account. You definitely need to speak directly to a bankruptcy attorney before filing any type of bankruptcy. When you have a divorce situation, timing is especially important. Sometimes you'll want to file sooner (before the divorce court orders you to pay a debt, etc.). Sometimes you'll want to file after the divorce is final (i.e. to maximize the property that can be kept).
Answered on Oct 21st, 2013 at 5:55 PM
Bankruptcy Attorney serving Hampton, VA
at
Haven Law Group, P.C.
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The bankruptcy filing does not change her liability status. If she "signed the loan" before your filing, she will still owe it after you file.
Answered on Oct 21st, 2013 at 5:54 PM
In many instances, she will be covered by your bankruptcy discharge. Of course, the real answer is always "it depends."
Answered on Oct 21st, 2013 at 5:53 PM
2 Awards
She will still be responsible for any debt that she is on.
Answered on Oct 21st, 2013 at 5:51 PM
Deborah F. Bowinski
Your wife would remain liable for any debts that are in her name or in joint name.
Answered on Oct 21st, 2013 at 5:50 PM
Regulatory Attorney serving Spokane, WA
Partner at
Deissner Law Office, P.C.
Your wife will remain liable for any debts incurred by the marital community during the marriage. Maybe those creditors won't come after her if you file Chapter 7 and the house is dumped in a short sale. Maybe they will. I guess that is her problem. You can file jointly for the same fee as singly, so you might want to talk to her.
Answered on Oct 21st, 2013 at 5:49 PM