What are my options if I am considering chapter 7 without my spouse? 5 Answers as of September 25, 2017

I am currently married, however, will be separating for now. Also, he has retirement accounts that he has been paying into, I only have a joint savings that money has been placed towards my retirement-even though this would be years from now. Could this be taken from me even though it is all I have? My only asset is a home that we own jointly together, which would not be included. Nothing else is in my name.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Meet with a lawyer.
Answer Applies to: Colorado
Replied: 9/25/2017
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
All of your interests in any asset must be disclosed. The fact that it is not in your name is immaterial. You are required to list the house. ERISA benefits are exempt, money in a savings account *might *not be. This is why people should consult with competent counsel. Mistakes can be costly.
Answer Applies to: California
Replied: 9/25/2017
Mauritz Van Niekerk, Attorneys at Law
Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
You can file and it will not affect your husband and or your retirement accounts.
Answer Applies to: New York
Replied: 9/25/2017
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
You really ought to retain a skilled matrimonial lawyer. If you live in Wisconsin most of your and your spouse's property is presumed to be marital, and presumptively subject to equal division. But the exceptions and arguments in favor of them are the kind of things lawyers are good for.
Answer Applies to: Wisconsin
Replied: 9/25/2017
Ronald K. Nims LLC | Ronald K. Nims
There is a total exemption for retirement accounts, there is only a small exemption for money in bank accounts. I would advise you to put your retirement money in a Roth IRA (depending on your risk tolerance, remember Obama proposed imposing taxes on Roth IRAs, another extreme tax and spend administration comes in and Roth IRAs won't be safe).
Answer Applies to: Ohio
Replied: 9/25/2017
Click to View More Answers: