Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
If you have no intention of keeping the truck, you should voluntarily surrender it. This will save you thousands in court costs and attorneys fees that you would incur if a repossesson and replevin action were filed by the lender.
No creditor can touch your retirement pension. It is safe from all creditors, assuming it is an ERISA-qualified program. I don't know of any that are not. So, your pension should be protected.
Your husband is not responsible for your individual debts. He is responsible for any debts you owe jointly.
No, you won't have to go to court when you surrender the truck. They'll just go pick it up and sell it.
Whoever wants the house will have to buy the other out and assume the mortgage on the property. If neither wants the house, it can be sold and profits split. Also, if you want to sell the house, and he doesn't, you can file a partition action to force the sale.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).