If husband wants to file corporate bankruptcy, should I file divorce first as he wants a divorce too?

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If husband wants to file corporate bankruptcy, should I file divorce first as he wants a divorce too?

I am a stay-at-home mom for our 14 year old son. My husband wants to foreclose on our home and file corporate bankruptcy. He made $0 last year but is making an income now. I’m afraid that I will not be able to get spousal support and child support.

Asked on April 21, 2012 under Family Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your husband's intent to file for bankruptcy protection concerning an S or C corporation that he owns stock in will have no effect with any child or spousal support obligations that he may have. Most importantly, under federal bankruptcy laws, child and spousal support obligations are typically not able to be discharged based upon statute and public policy grounds.

I suggest that you consult with an attorney that practices in the area of real estate and family law to further assist you.

Your husband cannot foreclose upon a home that he own as a matter of law. Only a third party can foreclose on your family home, most likely the lender whose loan is secured by a mortgage or a trust deed.


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