Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
You can get take individual bankruptcy even if you are married. They only thing that will be included in the bankruptcy in the way of assets are the things you own or have an ownership interest in. Anything with your name on the title, or bank account, etc. must be included. Your husband's assets that he owns individually will NOT be included.
Therefore, the house will not be included in the bankruptcy and they cannot place a lien or make him pay for the debts you incurred.
However, they will use his income and your income to determine if you meet the "means test" in a Chapter 7, and use his income to calculate your disposable income in a Chapter 13. Also, make sure you check all debt, anything with your name on a credit card or loan will have to be included in the bankruptcy and will discharge your responsibility to pay it back and make the other co-owner completely responsible for the entire debt. Also, you cannot take partial bankrupcty, if your name is XXXXX XXXXX credit card it must be listed and included in your bankruptcy filing.