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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I was married in NY state. 3 years ago I separated from my

Resolved Question:

I was married in NY state. 3 years ago I separated from my husband (not legally). I moved back to Wisconsin and he moved to Colorado. I want to file bankruptcy and I understand WI is a community property state.

Does this mean I cannot file until we are divorced? Does he have to file with me? Will my debts then become his even if he has never set foot, much less lived in Wisconsin?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 6 years ago.
Hello,


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. If your debts were not incurred in a community property state and your spouse did not live in the community property state, he would not appear liable for those debts


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.


I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.
Customer: replied 6 years ago.
To clarify what you said above, the debts were incurred while I lived in a community property state. Again, my husband was not living here or with me.

The debts are all in my name only, he is not joint, co-signor or even a authorized user.

However, from what I have read community property states do not care if the spouse is not on the debt only that the debt was incurred while married.

I am trying to verify that his not living in the state is the disqualifying factor of him being subsequntly held liable for my obligations.

Sorry, if this appears repetitive. Just trying to make sure I am clear as to my concern.

Thank you!
Expert:  Ellen replied 6 years ago.

I am trying to verify that his not living in the state is the disqualifying factor of him being subsequntly held liable for my obligations.
yes that is correct. Since he never lived in the community property state he would not be subject to the laws of the State
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