QUESTION

Would I be responsible for my ex-wife's debt if she died?

Asked on Feb 24th, 2012 on Bankruptcy - Alabama
More details to this question:
I'm going to get divorced. My wife has some schooling, medical and other debts. She wants to do bankruptcy and says I have to do it with her or I'll be responsible for her debts if she dies. Is this true?
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10 ANSWERS

Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
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No.
Answered on May 30th, 2013 at 9:10 PM

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Family Law Attorney serving El Cajon, CA at Law Offices of Sheryl S. Graf
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Both husband and wife should file if one or more substantial dischargeable debts are owed by both spouses. If both spouses are liable for a substantial debt and only one spouse files under chapter 7, the creditor may later attempt to collect the debt from the nonfiling spouse, even if he or she has no income or assets.
Answered on Apr 13th, 2012 at 2:38 PM

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Glen Edward Ashman
Maybe and maybe not, depending on the details. You need to get your own lawyer ASAP.
Answered on Feb 27th, 2012 at 12:52 PM

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Bankruptcy Attorney serving Hayward, CA at Carballo Law Offices
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Normally there is no need to file with your wife if you have no debts to discharge in bankruptcy or very little debt and it is not worthwhile to be involved in the bankrutpcy case. Her debts cannot be collected from the community property. Your separate property can be taken to pay some debts of your wife that are necessaries of life (which usually is medical treatment) but creditors almost never bother to sue the spouse who is not on the contract. I would not worry about it. If she files alone then her debts will be gone and there is only a very remote chance that the creditors will go after you for those special types of debts and only if you have property which is not community property. It sounds like she should file alone unless you need to file because of debts in your name. It is cheaper to file jointly if still married assuming you both need to file so you should take the opportunity if you need to file because of your own debts. Her schooling debts, if student loans, are not generally dischargeable in bankruptcy. If she dies without filing for bankruptcy then the community property would be liable for her debts but, again, rarely do creditors go after that because of the difficulties of the case and other complications that makes it very hard to collect against the surviving spouse or the heirs unless the estate of the dead spouse is probated and there are assets to distribute.
Answered on Feb 27th, 2012 at 12:05 PM

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Bankruptcy Attorney serving Seattle, WA at The Law Office of Marc S. Stern
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Yes and no. In Washington you are responsible for debts that you incur, i.e. the debts that you signed for. You also may be responsible for family expenses, i.e. medical bills incurred for the care of you or your spouse. You will not be liable for her school loans, etc. unless you signed for them.
Answered on Feb 27th, 2012 at 11:26 AM

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Community property is liable for a spouse's debts.
Answered on Feb 27th, 2012 at 10:25 AM

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Bankruptcy Attorney serving Hampton, VA at Haven Law Group, P.C.
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No, this is not true.
Answered on Feb 27th, 2012 at 9:45 AM

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Bankruptcy: Creditor Attorney serving Grand Island, NE at Milner Neuhaus & Judds
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In Nebraska, debts for necessities of life, including medical care, are joint debt and the creditor may be able to collect them from you if they were incurred during your marriage.
Answered on Feb 25th, 2012 at 12:11 AM

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Business Bankruptcy Attorney serving Raleigh, NC at J.M. Cook, P.A.
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You are now responsible for any joint debts. That doesn't change if she files bankruptcy or dies. Neither will affect you responsibility for the debts.
Answered on Feb 24th, 2012 at 9:32 PM

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Domestic Relations Attorney serving Huntsville, AL at Ferguson & Ferguson
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You are only responsible for debts in your name individually or jointly owed with her.
Answered on Feb 24th, 2012 at 9:14 PM

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