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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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i am a co-borrower on my husband and i home.he filed ch.13

Customer Question

i am a co-borrower on my husband and i home.he filed ch.13 without me knowing and included our home as well.can that be done without any signatures by me
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 7 years ago.


Thank you for your question. I am happy to assist you.

A husband and wife are not required to file a bankruptcy jointly. One party can file without the other and the nonfiling spouse's permission is not required.

The effect on the non-filing spouse will be dependent upon whether there are joint debts and/or joint assets. If there are no joint debts and no joint assets, there may be little or no effect on the non-filing spouse. If there are joint debts and/or joint assets, the non-filing spouse would remain liable on the joint debt and the joint assets would need to be included in the filing.

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