bankruptcy laws missouri effect on spouse

Question Details: if wife has credit cards in her name and she files a separate bankruptcy will i be held liable and can they take my stocks i own or attach my social security disability

Asked 9/22/2009 under Bankruptcy | 364 View(s) | More Legal Topics

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Alicia B Villines / Answered 2 years ago | Contributor with 0 answers This attorney is licensed in Missouri

Your wife can file a separate bankruptcy, and you will not be liable for her debts.  Notice that I said "her" debts.  Being married does not automatically make you responsible for your wife's debts---but being an authorized user of her card(s) and using the card very well might (and not just for the purchase you yourself charged).  If you have joint debt with her, you will need to be listed as a codebtor, and while her bankruptcy will extinguish her personal liability on any joint debts, it will not affect yours.  Your social security should be safe even if you yourself filed, and your wife's bankruptcy should not affect property that you own by yourself.  However, I would encourage you to read the fine print on both your contractual obligations, and make sure that you have not inadvertently signed an agreement making yourself liable for her debts, or making her a co-owner of your property, including bank accounts. 

If you have no joint accounts or joint assets, then your bankruptcy will not affect you at all.  However, unless you are living apart and are legally separated, in a situation where only one spouse files, the income and expenses of the non-filing spouse is required so that the court, the trustee and creditors can evaluate the household's income.  This, however, in no way obligates your husband, either legally or financially. 

Obviously, to the extent you have joint accounts, he and will be affected.  The same holds true for any joint assets not exempted by law.

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