How will bankruptcy affect the credit of my ex? 7 Answers as of April 29, 2011I have applied for divorce. I have my own apartment. House is in foreclosure. Credit card debit is out of control because of unemployment. If I were to apply for bankruptcy how would that affect my and my ex's credit debit and foreclosure?
Financial Relief Law Center | Mark Alonso
It depends if you are both on the credit cards. Usually if one spouse (or ex spouse) files for bankruptcy, the other spouse would be liable for part of the remaining debt. Quite often if one spouse files, it compels the other spouse, or ex spouse to file as well. It also depends on where you live and the laws of that state regarding marital property.
Answer Applies to: California
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Bankruptcy does not affect the credit of a spouse or ex.
Answer Applies to: Indiana
Burnham & Associates | Stephanie K. Burnham
All proceedings regarding your assets will be stopped. Foreclosure cannot go forward without the Bankruptcy Court approving relief from the automatic stay. Any debt that your ex was an authorized user or co-owner that falls behind in payments will affect her credit, regardless of whether or not it is assigned to you in Divorce. Be careful that you do not run afoul of the Bankruptcy Rules for taking on debt from the divorce and then discharging the debt as you will still be obligated to your ex to make those payments.
Answer Applies to: New Hampshire
Bankruptcy Law Office of Robert Weed | Robert Weed
Wouldn't affect the ex at all unless she (he?) is co-signer on the mortgage or the credit cards. Not paying (or bankruptcy) affects the credit of the cosignerthat's the whole point of requiring a co-signer. Somebody else who has to pay.
Answer Applies to: Virginia