If my husband filed for bankruptcy, how does that affect me?

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If my husband filed for bankruptcy, how does that affect me?

Am I now responsible for the debts he has gotten out of?

Asked on October 29, 2012 under Bankruptcy Law, Washington

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It would be advisable for to you to file bankruptcy because your husband's creditors  will be looking to you for payment of his debts now that he filed bankruptcy.

If you live in a community property state, debts incurred during marriage are community property and you are liable for your husband's debts incurred during marriage.

If your husband's debts were incurred before marriage, his debts are his separate property and you are not liable for his pre-marriage debts.

Separate property is property acquired before marriage or after the marriage ends.  Separate property also includes income and debts before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.


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