If I file for bankruptcy will I be responsible for my spouse's debts?
We have both compiled a lot of debt over the years. I want to file for bankruptcy, but I have assets that are under my name only. Will her credit be affected if I filed separate?
Answered By: Heupel Law
No, filing bankruptcy will not affect your spouse provided she is not a cosigner on any of your debts.
Answer Applies to: Colorado
Replied: 12/27/2011
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Answer Applies to: Colorado
Replied: 12/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Susan G. Taylor
Filing individually should not affect your wife's credit.
Answer Applies to: Texas
Replied: 12/23/2011
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Answer Applies to: Texas
Replied: 12/23/2011
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Answered By: Indianapolis Bankruptcy Law Office of Eric C. Lewis
In Indiana, a spouse's credit is not affected by another spouse's bankruptcy.
Answer Applies to: Indiana
Replied: 12/18/2011
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Answer Applies to: Indiana
Replied: 12/18/2011
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Answered By: Bankruptcy Law office of Bill Rubendall
If one spouse files bankruptcy it will not be reported on the non-filer's credit report.
Answer Applies to: California
Replied: 12/15/2011
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Answer Applies to: California
Replied: 12/15/2011
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Answered By: Guardian Law Group PLLC
Not so long as everything that is in her name remains current and up to date.
Answer Applies to: Utah
Replied: 12/15/2011
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Answer Applies to: Utah
Replied: 12/15/2011
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Answered By: Law Office of Simon Goldenberg, PLLC
Your spouse may be affected by your bankruptcy filing for jointly owned assets, accounts for which you are jointly liable, and accounts for which you co-signed for her benefit. In regards to you being responsible for your spouse's debts, upon receiving a full discharge in a Chapter 7 bankruptcy, you will be relieved of any personal obligation to repay her debts. Be aware that if you are solely or jointly liable on a secured loan, that security may be at risk of forfeiture or repossession depending on your circumstances, available exemptions, and how you file.
Answer Applies to: New York
Replied: 12/15/2011
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Answer Applies to: New York
Replied: 12/15/2011
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Answered By: Steven Harrell, Attorney at Law
If you file a Chapter 7 case, any debts of yours that can be discharged will be discharged in the Chapter 7 proceeding. If you wife co-signed debts with you, the creditors can look to her to repay the debts if you obtain Chapter 7 relief.
Answer Applies to: Georgia
Replied: 12/15/2011
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Answer Applies to: Georgia
Replied: 12/15/2011
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Answered By: A Fresh Start
No, your bankruptcy will not affect her credit.
Answer Applies to: Illinois
Replied: 12/15/2011
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Answer Applies to: Illinois
Replied: 12/15/2011
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Answered By: Ashman Law Office
Knowing if you are in a community property state or not affects the answer, so you'll need to tell us that.
Answer Applies to: Georgia
Replied: 12/14/2011
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Answer Applies to: Georgia
Replied: 12/14/2011
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Answered By: The Schreiber Law Firm
If you file bankruptcy, you would be discharged from all debts, whether they are yours or if her creditors try to claim you are also responsible. However, your bankruptcy does not stop her from being responsible for making the payments on her cards and paying them off.
Answer Applies to: California
Replied: 12/14/2011
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Answer Applies to: California
Replied: 12/14/2011
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Answered By: Grace Law Offices of John F Geraghty Jr.
Yes if you have bills together or assets in both names.
Answer Applies to: Georgia
Replied: 12/14/2011
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Answer Applies to: Georgia
Replied: 12/14/2011
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Answered By: Law Office of Harry L Styron
It is more complicated than that. Debt which you incurred while married is community property debt. If just one of you files, you will have to list all of the debt, whether or not it is in one of your names alone. That will discharge it, but the debt that is in her name alone will show up as charged off on her credit report.
Answer Applies to: California
Replied: 12/14/2011
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Answer Applies to: California
Replied: 12/14/2011
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Answered By: Carballo Law Offices
Your wife's credit should not be affected by your filing a bankrutpcy case. However, if you have joint accounts then her credit report will show the joint debts as being involved in a bankrutpcy case. Your wife would still have to pay the debts you have jointly with her. It gets complicated in that community property cannot be taken to pay for her debts held jointly with you but that will not keep the creditors from trying to go after her for the joint debts. The best thing would be to file jointly since it sounds like you both need to do it and the cost of doing an individual case is usually the same as filing a joint case. If the property you have is community property then it belongs to both of you even if only your name is on title.
Answer Applies to: California
Replied: 12/14/2011
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Answer Applies to: California
Replied: 12/14/2011
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Answered By: The Stockman Law Office
It is difficult to answer without knowing the specifics. I believe you are asking if you will be responsible for your wife's debt after bankruptcy. If you are a co-signer or use a credit card obtained by your spouse, by your use and signature on any charge you could have made yourself responsible for your wife's debt. In addition, if you own all the assets why would you be the only filer unless the asset such as a home is not something you wish to keep. You may obtain a free consultation to clarify these issues.
Answer Applies to: Florida
Replied: 12/14/2011
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Answer Applies to: Florida
Replied: 12/14/2011
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Answered By: Janet A. Lawson Bankruptcy Attorney
As long ad the joint accounts are paid she should be ok.
Answer Applies to: California
Replied: 12/14/2011
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Answer Applies to: California
Replied: 12/14/2011
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Answered By: Weber Law Firm, P.C.
No. Your spouse's credit should not list the fact that you have filed for bankruptcy.
Answer Applies to: Texas
Replied: 12/14/2011
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Answer Applies to: Texas
Replied: 12/14/2011
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Answered By: Law Offices of Joseph A. Mannis
When were the assets acquired? During marriage? If so, absent a pre-nup, they are community property and become part of the bankruptcy estate even if you file alone. What are those assets and what are they worth? If she has a lot of debt, aren't those creditors going to go after her if she doesn't file as well? As you can see, you probably should consult with a bankruptcy attorney.
Answer Applies to: California
Replied: 12/14/2011
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Answer Applies to: California
Replied: 12/14/2011
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Answered By: Foster Law Group
You will not be responsible for your spouse's debts and your bankruptcy filing will not affect your credit.
Answer Applies to: Colorado
Replied: 12/14/2011
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Answer Applies to: Colorado
Replied: 12/14/2011
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Answered By: Law Office of Felipe A. Malo, P.A.
If you file on your own you can include your debts and the joint debts. That means that by including the joint debts it will affect your spouses credit.
Answer Applies to: Florida
Replied: 12/14/2011
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Answer Applies to: Florida
Replied: 12/14/2011
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Answered By: Charles Schneider, P.C.
Her credit ought not to be affected, but if they are her debts as well she will be responsible as well.
Answer Applies to: Michigan
Replied: 12/14/2011
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Answer Applies to: Michigan
Replied: 12/14/2011
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Answered By: The Law Office of Darren Aronow, PC
You can both file separate and her credit may not be affected by the filing if she is still paying her debt. If you are both co signed on any debts, even though you will be discharged from that debt, she will still be liable.
Answer Applies to: New York
Replied: 12/14/2011
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Answer Applies to: New York
Replied: 12/14/2011
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Answered By: Lakelaw - Loop Bankruptcy
Your bankruptcy will not affect your wife's credit.
Answer Applies to: Illinois
Replied: 12/14/2011
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Answer Applies to: Illinois
Replied: 12/14/2011
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Answered By: Sanders Law, P.A.
Her credit should not be affected as long as any joint debts are kept current by her. If she has credit issues, she can dispute any inaccuracies with the credit bureau reporting the wrong information.
Answer Applies to: Florida
Replied: 12/14/2011
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Answer Applies to: Florida
Replied: 12/14/2011
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Answered By: Law Office of Stephen P. Dempsey
You are only responsible for debts that you created. You can file bankruptcy and it will not affect your spouse. However, you need to be careful regarding assets because by filing single you can not double the exemptions provided by file together.
Answer Applies to: New Jersey
Replied: 12/14/2011
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Answer Applies to: New Jersey
Replied: 12/14/2011
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Answered By: The Law Offices of Kristy Qiu
No. But she will remain liable for any joint debt.
Answer Applies to: Florida
Replied: 12/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Florida
Replied: 12/14/2011
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Answered By: Charles R. Nettles - Attorney at Law
If you file alone, the Bankruptcy Court can go after any assets that are your separate property and all of your community property. So long as her property was hers before you married or was from an inheritance, they can't touch it. She is responsible for any debts that are in both of your names.
Answer Applies to: Texas
Replied: 12/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 12/14/2011
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Answered By: Diefer Law Group, P.C.
If you have any joint debt, she will be responsible for it as well. When you file, you are personally no longer liable for the debt but she will if her name was on the debt. However, if she is not on the debts with you or on any other account that you will no longer pay then the fact that you file should not affect her if she does not file.
Answer Applies to: California
Replied: 12/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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- What happens if I file for a chapter 7 bankruptcy and my debts are not all liquidated?(1/5/2012)
- What happens if I file for bankruptcy while my home goes into foreclosure?(1/5/2012)
- If I file for bankruptcy can I still use my credit cards?(12/28/2011)
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- When is it too late to add anything to my bankruptcy file?(12/21/2011)
