inocent spouse?

What is the name of your state? Virginia

OK, heres the situation. My husband last year was diagnosed as manic depressive. he ran up a bunch of debts. we separated, but have since reunited. our finances are spearate (my name is not on his credit cards, his name is not on my house, my car, my credit cards... etc).

Now, he has not paid off those debts, and has no way to. I refuse to take responsibility for them. at least if I can avoid it.

I just got a call from a debt collector tryng to track down my husband, but implying that they could come after ME.

What can we do? I am the sole source of income. (he's a SAHD and a musician, with no "real" job).

I found out (while we were separated) that divorce would probably financially worse for me, since they would divide stuff "equitibly"... meaning I get part of his debt, and he gets part of my assets!!!"

should he declari bankrupcy, and what can I do to shield myself???
help!

[Ladynred]

VA is NOT a community property state, so you are NOT liable for ANY of his debts and no collection agency can touch you or your assets for any of HIS debts - period.

Just remember this - collection agencies LIE, LIE, LIE !!
They rely on people not knowing their rights or the laws, state or federal, and they will use every trick, threat, lie, and other nastiness to scare you into paying a debt you hold NO liabilty for.
Tell the collection agency jerk he's full of crap and hang up on him if he makes any more threats about coming after YOU for your DH's debts.

Should your DH file for bankruptcy ?? If he's barely working and has little income and a LOT of debt, its probably not a bad idea and should not affect YOU in the least, since all your assets and debts are separate.

You should read the Fair Debt Collections Practices Act (FDCPA) so you can know your righrts, and his, when dealing with 3rd party collection agencies. The FDCPA is the law that is the leash on debt collectors and if you, as a consumer, don't jerk on that leash, the collection dogs will try to bite you

FDCPA -http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

Other great FDCPA info from a lawyer's site:
[url]http://www.pennlawyer.com/fdcpa.htm[/url]

it is definitely a comfort to know that his creditors can't come after me and my stuff.

at his urging, we transfered title of one car that was in his name into mine, in the hope that this will keep it from being taken (no lein on it). I don't know if that was a wise move or not, but I went allong with it.

now, he has no job, and a large deb on three credit cards. period. I, on the other hand, have some credit card debts, a house, a car (now two cars), lots of stuff... and a good job to pay for it all. he is living with me as a SAHD.

he had asked about bankrupcy at one point, and was advised against it. he tells me the lawer told him that he had a "bad case, and would probably loose". what does that mean? I thought all bankrupcy cases were "bad"... people with too much debt to handle, and not enough (or no) income. is it because he litereally has zero income, but COULD be working? he's bipolar, and has trouble holding down a job, and as it is, it works out OK with him being the "house husband" for me.

I don't understand why the lawyer advised against a bankrupcy. He (my DH ) has agreed to go to another lawer to persue it, but I wanted more info before he does... no sense in spending money if it really is a bad idea.

[Ladynred]

I would definitely get a 2nd or even a 3rd opinion - most BK lawyers offer free consultations. I don't have a clue why he was advised he'd 'lose'.. that's really not the case from what you've said - unless he was asking about a Ch 13 (which he couldn't do w/o an income). From what you've given us here, he has NOTHING to lose except the debts ! If he decides to file, I'd wait at least 3-6 months if he can. The transfer of the car title to you could easily be seen as a fraudulent conveyance and could certainly be questioned. If he's going to file, the transfer to you was actually not a good idea unless he can wait a while. BK Trustees look at property transfers for up to a year prior to the filing. Its highly likely that the vehicle would be exempt anyway, from judgments OR bankruptcy. Just make sure that this transfer is mentioned to any BK attorney.