If I will be going to prison and will not have income and file bankruptcy, will my wife be responsible for the mortgage, which we are in default on?

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If I will be going to prison and will not have income and file bankruptcy, will my wife be responsible for the mortgage, which we are in default on?

I am the only signature on the note and she will not be living here. Her income is below the poverty level with mine gone. Also, will I need to do a means test?

Asked on October 11, 2012 under Bankruptcy Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Assuming that your wife is not obligated on the loan agreement and promissory note concerning the home that you are writing about then under the laws of all states in this country since she never signed any loan agreements then she would not be obligated with respect to the home that you own if it falls into foreclosure and is lost at a trustee's sale.

As to a "means test" concerning your anticipated bankruptcy filing, you will be required to submit all required schedules under the bankrupy code to achieve a discharge of your legal debts.


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