Can a couple who is married but separated file a joint bankruptcy?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a couple who is married but separated file a joint bankruptcy?

We are paying on our property which my husband lives, husband has 3 credit cards which have liens on the property. He wants to keep the property and continue making payment, but wants to file against credit card companies. Is this possible without me having to move back in with him?

Asked on July 12, 2011 under Bankruptcy Law, Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It would be advisable for both you and your husband to be included in the bankruptcy because if the debts were incurred during marriage and only your husband is listed, the credit card companies could go after you for the debts.  You don't need to move back in with your husband to file the 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption