Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
There are several issues with him filing bankruptcy individually. If he files bankruptcy, the mortgage note will be discharged and the bank would look to you for repayment. This is also true for any debt that is held jointly in your name. If you have not filed for divorce you have not separated your assets and liabilities, so you do not know who is going to owe what,and who is going to get what. The house is one-half yours, and if there is any equity in it, he could be jeopardizing it. The bankruptcy itself will not affect your credit report or score, and will not show up. However, if the house is surrendered the mortgage is in both your names and they will report that the mortgage was discharged in bankruptcy. That will show on your report.
Also, transfering money out of an account in anticipation of bankruptcy is fraud, and if found out would cause his filing to be dismissed.
401K is protected up to 1 million dollars, so that would not be taken in a bankruptcy. Again, you start with the premise that 1/2 of that is yours.
If he owns a car outright and it is paid in full, the car is subject to being taken by the Trustee. There is a $1,000.00 exemption for a vehicle. If it is worth more than that the Trustee could order the car sold, your Husband would receive 1K and the creditors would share in the rest. If he attempts to tranfer the car title, again that is a fraudulent transfer of assets. Big trouble with the Bankruptcy Courts.
Florida is a no fault equitable distribution state. It starts on the premise everything is divided 50-50 and then it is separated "equitably" as possible base on the circumstances of the case.
You need to seek a divorce attorney immediately, you have property and child support issues that must be addressed and you need to protect yourself.
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