one spouse files, another doesn't

What is the name of your state? Texas

I am going to file bancruptcy in the future and need to know if I can put the mortgage in my spouses's name so I don't have to list it in the decree? The spouse's credit is good; mine has not been good for a while. Can I protect the spouse's credit while going through the procedure?

If you file alone and have any joint debts, then your spouse would become responsible for those debts.

I wouldn't advise you to transfer property to someone else's name and then file because you would have a potential fraud case on your hands.

I believe that Texas has an unlimited exemption on real property anyway.

How would this affect your spouse? There would be a listing on your spouse's credit report that any joint debts that you have were included in a bankruptcy.

Now, there are some changes coming down the pike in that regard such that at some point I believe the credit reports won't list a BK if it's not that individual's bk but a co-signer.

We're not quite there yet, though.

I filed bankruptcy and my husband did not. We jointly owned a home and even though I listed it in the bankruptcy, I simply signed a reaffirmation with the mortgage co. Its actually better to keep the house in your name and reaffirm it because timely payments will help rebuild your credit. As for protecting his credit, it shouldn't affect him, unless the debts are joint, in which case, if he still has to pay the debt, is bankruptcy really helping you financially? The only debts you can discharge are yours alone unless he files too. At least, that is Florida law.