Can my husband file bankruptcy without dragging me down with him?
We just got married a few months ago after 13 years of living together. He has racked up his own debt in his name and I have my own debt in my name. We never signed any kind of prenup. He’s been unemployed for over a year, making me the only money maker in the family. I can no longer afford to keep paying on his debts.
Can he file bankruptcy without me being involved, too?
We live in Minnesota, if that matters
Posted March 4th, 2010 in Bankruptcy Q And A. Tagged: 13 years, bankruptcy, debts, money maker, prenup.
He can file by himself, however you should check with an attorney regarding your rights. Depending on state law, while a bankruptcy will not appear on your credit report if you do not file jointly, it may not absolve you of his debts (ie, creditors may still come after you) and your property may be considered joint assets in the bankruptcy estate. See a lawyer, please, to protect yourself.
March 4th, 2010 at 5:06 pmIf you have kept all debts separate then it shouldn’t impact your credit. If you have joint assets then it may.
March 4th, 2010 at 5:06 pmYes and thank goodness you kept your finances separate from his. Do not even have a joint bank account with him.
March 4th, 2010 at 5:06 pmYears ago when I was still married my husband filed for divorce without involving me and the creditors never called me and it never reported on my credit report. I would just ask an attorney.
March 4th, 2010 at 5:06 pmIf none of the debts are joint, it shouldn’t affect you at all.
My burning question is WHY did you decide to get married if he is unemployed and has racked up huge debt? If you’ve lived together for 13 years, why not wait till he had a job?
March 4th, 2010 at 5:06 pmTalk to an attorney about this. You can get a no charge consultation with an attorney by calling 877-323-0821.
March 4th, 2010 at 5:06 pm