What can I do if my husband wrongfully obtained credit and now a substancial amount of debt but I have not been a part of this?

My husband has a business that I’m not involved with. He has a substancial amount of debt and may be filing bankruptcy. This will be the third time and I won’t go down with him again. He has done some very wrong things to get credit,that I have found out about. He obtained credit cards in his brothers name without him knowing, he has credit cards in collections that were taken out in his mothers name and has several others. He had his mother mortagage her home and went into defualt. His brother paid the debt so the mother could keep her home. He lives in our home and I have paid for everything. He has a debuilitating disease that as of now does not inhibit him from working but he does nothing. I don’t want to be responsable for his care should he get worse. I have nothing left for assets accept my 401K. What will I have left if I divorce him now?

Asked on July 19, 2012 under Family Law, Minnesota


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to seek counsel. Your counsel needs to help you divorce from this situation so you limit/minimize the amount of damage it is going to do to you. Without this intervention, you will be impacted by the bankruptcy as well as all of these debts.  The debts, if discovered to be fraudulently obtained, will not be discharged in bankruptcy.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.