ShouldI file joint bankruptcy with my husband even though my name is on none of his debts?

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ShouldI file joint bankruptcy with my husband even though my name is on none of his debts?

He acquired all the debt before we were married. We’ve been married 1 1/2 years. I have no need to file but have been told that since we were married his creditors could come after me once he was clear of the debt. My name is on none of it.

Asked on January 18, 2012 under Bankruptcy Law, Alabama

Answers:

Michael Duffy / Duffy Law, LLC

Answered 9 years ago | Contributor

Who gave you that advice? If you own assets jointly, creditors might be able to foreclose upon your joint assets, but that would not encessarily affect your credit if you are not a signatory. There are reasons to file jointly, such as increasing exemptions, but that decision would depend on your state law, your jointly and separately owned assets, plans for the obtaining future credit, and other factors. Filing for bankruptcy is a serious decision, so before you make a choice you should consult with a bankruptcy attorney that can provide accurate advice and guidance.


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