his bankruptcy, our divorce

[Readytoleave]

What is the name of your state? tennessee
My husband filed chapter 13, personal bankruptcy last week. He said his lawyer told him it wouldn't affect MY credit. (It comes out of his paycheck each week.) I'm wanting to file for divorce, but I have no idea what will happen with the bakruptcy stuff when I go to file. Will I have to pay on that too?
Also the credit cards and mortgage are all in his name only. If I give him the house and everything in it, will I still be responsible for those debts? (and we've been married since 1994). Thanks for any advice!

 

[Ladynred]

Why would you be responsible for the debts ? If everything is solely in his name as you state, then the only person responsible for them is HIM.

The bankruptcy shouldn't have any affect on your filing for divorce. Child and spousal support are NOT dischargable.

 

[Readytoleave]

tennessee
Thanks for the reply. Most of my friends told me that in tennessee everything is split down the middle in a divorce, regardless of what's in who's name. Is that true?

 

[Ladynred]

TN is NOT a community property state, so if your friends are speaking from experience, it may just have been the decisions for their cases.

 

[dorenephilpot]

People sometimes confuse what the court will order with what the creditor can do.

Your husband's creditors can't come after you for his debts.

HOWEVER, the court could order you to pay half of them if you both received benefit from them and are divorcing.

Makes sense?