If I file bankruptcy by myself, can they garnish my spouses wages or her property which is in her name only?

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If I file bankruptcy by myself, can they garnish my spouses wages or her property which is in her name only?

Asked on May 23, 2012 under Bankruptcy Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The short answer to your question is yes. If you file bankruptcy, you need to keep in mind that this will immediately impact your spouse's credit since and especially if you acquired assets together and debts together while married. If you are joint owners of a home and joint mortgage holders, that note is in both of your names and your filing bankruptcy will create an automatic stay of collections and proceedings. The underlying debt can be discharged like in a Chapter 7 and that means the bank can take back the security (the house) at any time unless you, the lender/servicer and court agree to reaffirm your debt. As to the other debts, anything acquired after marriage is considered a marital debt and most certainly in the long or short run your wife's property and assets can be impacted. Talk with a bankruptcy attorney and credit counseler (like a HUD approved one) and see if this is the best route for you.


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