Will the creditors go after my spouse for payment if i file seperately?

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Will the creditors go after my spouse for payment if i file seperately?

Credit cards are in my name, and car loan. My spouse has credit in his name. He is not filing.

Asked on June 24, 2009 under Bankruptcy Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you have no joint accounts or joint assets (that are not exempted by law), then your bankruptcy will not affect your husband at all.  However, unless you are living apart and are legally separated, in a situation where only one spouse files, the income and expenses of the non-filing spouse is required so that the court, the trustee and creditors can evaluate the household's income.  This, however, in no way obligates your husband, either legally or financially


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