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Ask Maverick Your Own Question
Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5718
Experience:  20 years of professional experience
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If my husband files bankruptcy do I have to file also I am

Customer Question

If my husband files bankruptcy do I have to file also? I am the co borrower on the mortgage of our home. On most of his credit card debt I am a card holder but not a signer on the accounts.
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Maverick replied 6 years ago.

No, you and your husband can make independent decisions about wether to file for BK.


As far as your home mortgage is concerned, the lender has a security interest in the house, so that if either of you default on the loan, they can foreclose on the house. If you do not want to rsik losing your home, you may want to read the loan contract and see if the filing of a BK constitutes a default on the mortgage. If it does, you husgband may want to reaffirm the loan with the lender. If he is going to do this, it needs to be done during the BK process.


As to the credit cards, they cannot come after you for those debts unless you live in a community property state where they can argue that because the debts benefited the marriage, you are responsible for the credit card debts incurred after the date of marriage.



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