What do I do if I’m about to get an inheritance and my estranged spouse is filing for bankruptcy?

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What do I do if I’m about to get an inheritance and my estranged spouse is filing for bankruptcy?

My husband and have been apart for 3 years. He wants to file for bankruptcy jointly; we have debt together. I am about to get an inheritence from a uncle.

Asked on April 20, 2012 under Bankruptcy Law, Oklahoma

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

So long as you are not going to be filing for bankruptcy protection and are current on your bills to creditors, you do not have much to worry so long as you filed for a legal separation/dissolution in your county court house and the bulk of the debt of your husband was before you and he married.

However, given the seriousness of the situation where you might be saddled with marital debt in the event of a successful discharge of your estranged spouse, you should consult with a bankruptcy attorney before he files for bankruptcy protection so that you can protect yourself financially.


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