• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

if I file for bankruptcy will it affect my separated spouse?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

I

irisheyes_ny

Guest
I'm separated from my husband I live in our house right now and both our names are on it ( the house) I mean..after he left me I just got way over my head and I really need to claim bankruptcy..also can they take the house? I'm in New York...thanks
 


D

dorenephilpot

Guest
If your state is one that allows a spouse to file alone, then you can file without his permission.

After your discharge, he becomes responsible for any joint debts that you did not reaffirm.

You can keep the house and reaffirm on it IF you have the payments current and IF the equity in the home isn't above your state's allowed exemptions.

(In Indiana, for example, you can keep $7,500 in home equity. The amounts vary wildly from state to state, however.)

Hope this helps answer your questions.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top