Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Well,we are filing a joined petition for the divorce. My husband agrees to keep his debts (credit cards in his name) and I agree to keep my debts (credit cards in my name). Now, he wants to file bankrupcy after the divorce. Are the credit card companies going to force me to pay my share of the debts even if we are divorce at the time? Response 1: They may try because you live in a community property state and assets and debts acquired or incurred during the marriage are considered community property and community debts. Both parties share equally in the assets and debts even if the assets or properties may be under one spouse's name. The reason being that assets and debts were acquired and incurred for the benefit of the family. You may use your divorce agreement, which will be approved by the Court, as a defense to any attempts by your husband's creditors to get you to pay his debts. How can I protect myself? What is the best thing that I can put in the divorce paper that would protect me? Response 2: Husband is responsible for debts in his name and wife is responsible for the debts in her name. Wife is relinquishing her rights to certain property and in return Husband agrees that Wife will not be responsible for any debts incurred by the Husband during the marriage. There is a property that he is keeping and is stated in the joined petition. Can I use that as a way of saying that i did not ask for a half of the property because that was my way of contributing to the debts that we had wile married? Response 3. Yes, but this will not stop the debt collectors from trying to contact you to collect the debt because they are not part of the agreement with your husband. However, the divorce agreement may be used to file a claim against your husband for breaching his agreement to pay off his debts if his creditors start harassing you. What is best to do? Response 4: If the debts are quite substantial, you might consider filing for bankruptcy protection. You and your husband can suspend the divorce proceeding, file joint bankruptcy petition. Then after the bankruptcy case is over, continue with your divorce case.