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Married but living apart (not legally separated) Chapter 7

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Mar12

Junior Member
What is the name of your state (only U.S. law)? KY

My spouse and I cannot get a divorce right now because we don't have the money. We tried to file a chapter 7 bankruptcy months ago and they said we'd need to do a chapter 13. I have been toying with divorcing since 2008. Getting a bankruptcy was going to be part of our plan for divorce. We can't afford that, in fact I only have about 180.00 to my name. I have moved out and I pay my own car insurance, car payment, cell phone, etc and I live now with a relative. I have changed my address as well. We get our child each 3.5 days out of the week so neither of us pay the other support or maintenance, my husband is living in the house, I don't want it...he can have it and he pays the mortgage, always has. I am on the title to our home, but not the mortgage as I had no job when we got the house so they didn't put me on the mortgage. My husband is co signer on my car but I plan on keeping my car and paying payments on it. I have the same job I've had for 1.5 years, and it is in my educational field. My job is about 90 miles from my relatives house that I'm living at - one way. I am making the drive, as I only work 4 days per week, and I'm literally sleeping in my car for three of those nights until I can find a job where my relative lives.

Can I file a chapter 7 bankruptcy now that we're no longer supporting one another and I don't live there? Half of my income goes to pay for my student loan, car payment, cell phone, food, gas child and to help my relative that I'm staying with, and a judgement I have from a credit card. I have about 15 grand in credit card debt and I'd like to wipe that out, start working on my credit that was ruined by my enabling of a spouse to spend spend (our credit cards were never joint accounts), save for an actual divorce and move on. My plan is that after bankruptcy I'd like to have good enough credit and money saved to purchase my family home when my only living parent dies from my two step siblings. We are each 1/3 heir, and instead of selling it and all three of us taking the money, I'd like to pay them for their share in the property and own the home so I can have something for myself and my child.
 


FarmerJ

Senior Member
If your parents own it free and clear they can at any time begin to sell it to you via contract for deed that a lawyer can set up for you and that kind of sale can be done at any time once you get divorced and the BK filed.
 

Zigner

Senior Member, Non-Attorney
If you are truly low on income, you can apply for fee waivers for the divorce. http://kyjustice.org/node/610

However, since you own a house and a car, and can afford to maintain two households, I suspect the court won't see you as being eligible for such a waiver.
 

Mar12

Junior Member
Yeah, I'm not low income. But I have too much credit card debt to pay off on my income AND pay for my necessary bills. Yes, my parent is going to sell me the house. But I MUST purchase it for what my two step siblings are willing to take as their share. I am 1/3 heir on the property. If my only living parent dies, the house must be sold because they want their share. They don't care when it is sold...as long as they get at least 50 grand each out of it. But I CANNOT get a home loan with these credit card debts on my credit report. They will make me pay them off. I can't do that. And I cannot get a home loan until two years after a chapter 7 bankruptcy is discharged. A chapter 13 is not within my means, and with my spouses income I will be forced into chapter 13. My parent is in her 70's and sick. I pay for her groceries, utilities, having her yard mowed, some of her medicine, etc. I am NOT paying for two households. I don't pay any utilities or insurance for the house I lived in with my spouse. That is THEIR house, they pay the mortgage with their VA income.. the mortgage is in THEIR name. I'm only on the title. I am an only child...I have two step siblings that don't and won't help me. Their father died years ago and my mom is not their maternal mom, they do not help.

So...I just want to know...since I'm separated but not "legally" separated can I file for chapter 7 without having to include my spouses income? That's the most important thing. I am putting in for a transfer with my job....but I make way too much money to quit it, I make about 5 times the minimum wage amount and I refuse to give it up. If I were to be "legally" separated I'd be spending the same amount of money. My husband kept me on his insurance...but I pay for my portion. Which would be the same in a legal separation anyway, we'd stay on insurance together.

Contract for deed.... Ok..the will states that upon my mom's death the house will be sold and myself and my two step siblings will split the money equally and walk away. My step siblings don't want the home...just their share. If I did a contract for deed....and I paid my mother only 20K before she died, and then she died....couldn't my step siblings force me to sell the home if I couldn't come up with their share of the money? The area the home is located in is rural and poor, the home and two acres appraised for 120K and my step siblings are going to want their 1/3 of that money, each.
 
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