Does bankruptcy of my legal wife will effect my credit?.

UPDATED: Jul 5, 2009

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Does bankruptcy of my legal wife will effect my credit?.

I am legally married, but I lived separately from this woman for years, and I had not filed for divorce. She had accrued a large debs on her credit cards, and now she has filed for bankruptcy.Does her action will effect my credit, or any other adverse actions against me? I have an excellent credit, and I am worried.Do I have any recourse, or what is your advise what should I do?

Asked on July 5, 2009 under Bankruptcy Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Unless you have joint assets or hold joint credit card accounts or the like, you will not be affected by her bankruptcy filing.  Since you stated that you have lived apart for some time I assume this to be the case, especially since you have excellent credit and she obviously does not.

She, may however, be affected by you.  If she files bankruptcy even though you are living apart unless you are also legally separated your income will be imputed to her; this will affect her qualification for certain matters.  It will however put no legal liability on you.

I don't know why you have not filed, I'm sure you have good reasons.  But as you can see, there are legalities that are affected by your "marriage".  Maybe it's time to think about making a complete break.

Also, since I'm not licensed in Florida you may want to confirm all of this with an attorney in your area.

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