Legal separation… and bankruptcy Issues My wife filed for a Divorce in November we have been living in separate household since Nov 2008

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Legal separation… and bankruptcy Issues My wife filed for a Divorce in November we have been living in separate household since Nov 2008

wife has accumulated a sizable credit card debt before separation and now even more because of attorney fees (All the Credit cards are in her name) she has told me she can no longer make the house payment. She lives in the home and she is considering filing bankruptcy we have considered reconciliation but I’m still living out of the house hold can she claim bankruptcy without any repercussions affecting me while just being legally separated and not divorced?

Asked on June 10, 2009 under Bankruptcy Law, Michigan

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Nope.  Undoubtedly, based on your state's laws, your assets and liabilities (both marital and non marital), you may actually be impacted.   Check out the following:

1. https://bankruptcy-law.freeadvice.com/consumer_bankruptcy/spouse_bankruptcy.htm

2. https://bankruptcy-law.freeadvice.com/consumer_bankruptcy/292/

3. https://bankruptcy-law.freeadvice.com/consumer_bankruptcy/

4. Consult with a bankruptcy attorney on your own (whether you reconcile or not): Try www.attorneypages.com and check his or her record at the Michigan State Bar.


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