Can I go bankrupt on a joint mortgage with my ex-spouse and not hurt my current spouse’s credit?

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Can I go bankrupt on a joint mortgage with my ex-spouse and not hurt my current spouse’s credit?

Divorced 2 years ago and ex-husband is having financial problems. I am remarried now. My name is still on the mortgage, etc. with ex-husban and he is going to walk away from the loan or go bankrupt. I am concerned if I also file bankruptcy this will cause my new husband to also have to go bankrupt and destroy his credit and all he worked for prior to our marriage.

Asked on March 28, 2012 under Bankruptcy Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are planning on filing for federal bankruptcy protection where you have debt that you want discharged but you have remarried, your own personal bankruptcy filing will not force your new husband to file for bankruptcy protection in his own right. However, depending upon what bankruptcy chapter you file, information pertaining to your new husband as to assets and liabilities might be requested for review by the trustee or the bankruptcy court.

In short, your own personal bankruptcy will most likely not cause your new husband to file for bankruptcy protection as well based upon what you have written in your question.


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