If my husband files for bankruptcy, will it affect me? 18 Answers as of June 19, 2013

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.

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
The house will be ok. He has no interest in it. The trustee can not take it.
Answer Applies to: California
Replied: 6/19/2013
Law Office of Jeffrey Solomon
Law Office of Jeffrey Solomon | Jeffrey Solomon
You are not responsible for his debts.
Answer Applies to: Florida
Replied: 3/12/2012
Ferguson & Ferguson
Ferguson & Ferguson | Jackie Ferguson Graham
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.
Answer Applies to: Alabama
Replied: 3/12/2012
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
If there are no joint liabilities then his bankruptcy MAY not effect you. You are in need of a more detailed analysis and should needs eek counsel.
Answer Applies to: Michigan
Replied: 3/12/2012
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
Yes.
Answer Applies to: California
Replied: 5/30/2013
    The Barger Law Firm
    The Barger Law Firm | Jason W. Barger
    Should your husband file bankruptcy, it will not affect you, unless you have joint accounts. Basically, each person has separate credit and your credit will not be affected by his actions. However, if you have accounts on which you are both liable and he seeks to discharge his legal responsibility to pay on those accounts, the creditor(s) will look to you to satisfy the debt. If the account is delinquent, then they may call you, send you letters, or file suit against you. Further, as Texas is a community property state, any debt incurred during the marriage may be considered community debt. If the creditor is a national organization, this won't make much of a difference, but if he took out credit during the marriage with a local creditor and you benefited from the credit, you may be held responsible for the debt. Typically this gets worked out in a divorce decree. So, if you file for a divorce against him, make sure your attorney includes language that you are not responsible for his debt. Good luck!
    Answer Applies to: Texas
    Replied: 3/12/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    From what you say, it would have an affect on you only if there are joint debts as the creditor would only have you to go after or joint assets which could not be protected by exemptions in the bankruptcy. Any spousal support or child support orders are not affected by bankruptcy - they cannot be eliminated by a bankruptcy filing.
    Answer Applies to: California
    Replied: 3/9/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If your husband files and you have no joint accounts, it should not affect you. The bankruptcy normally only affect you if you have joint accounts. Also, it does not appear that you have any community assets. If you did, that might be an issue but from your facts that does not appear to be the case.
    Answer Applies to: California
    Replied: 3/9/2012
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    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.
    Answer Applies to: California
    Replied: 3/9/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If you are not joint on any accounts, it will have no effect on you.
    Answer Applies to: New York
    Replied: 3/9/2012
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    Yes if you are a co signor on debt.
    Answer Applies to: New York
    Replied: 3/9/2012
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    No, debts and bankruptcy are strictly personal, unless you have joint accounts or debt together. Since you do not, you will not be affected.
    Answer Applies to: Florida
    Replied: 3/9/2012
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    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.
    Answer Applies to: Michigan
    Replied: 3/9/2012
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    You say the home is in your name. If he is not on the promissory note or the mortgage you should be fine.
    Answer Applies to: Colorado
    Replied: 3/9/2012
    Phoenix Law
    Phoenix Law | Peter Behrmann
    If nothing is joint, you will be fine if he files.
    Answer Applies to: Michigan
    Replied: 3/9/2012
    J.M. Cook, P.A. | J.M. Cook
    His filing won't affect your credit but you will be responsible for any joint debt you have.
    Answer Applies to: North Carolina
    Replied: 3/9/2012
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    Not since nothing is joint.
    Answer Applies to: South Carolina
    Replied: 3/9/2012
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