• 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.

Wife files bankruptcy after divorce

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

jaredo

Junior Member
What is the name of your state (only U.S. law)? Colorado.
In the divorce decree half of our credit card debt will be split. The debt will have to remain in my name for a while with her paying me payments. If my ex-wife chooses to file bankruptcy which she has spoken of, will she still be held legally responsible for her half of the debt remaining under my name?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Colorado.
In the divorce decree half of our credit card debt will be split. The debt will have to remain in my name for a while with her paying me payments. If my ex-wife chooses to file bankruptcy which she has spoken of, will she still be held legally responsible for her half of the debt remaining under my name?
That's a murky area. If she lists you as a creditor in her bankruptcy then she will be discharged of that debt. However, she would still be in violation of the divorce decree and you would have recourse to re-open the property settlement. However, her half of any marital assets that she received in the divorce, may be taken by the bankruptcy trustee.

How much debt are we talking about?
 

Find the Right Lawyer for Your Legal Issue!

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