How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask cfortunato Your Own Question
cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
14232603
Type Your Bankruptcy Law Question Here...
cfortunato is online now
A new question is answered every 9 seconds

if i file for BK ... does my spouse have to file, as well?

This answer was rated:

if i file for BK ... does my spouse have to file, as well? We have no mutual investments.

cfortunato :

Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.

cfortunato :

Do you have any debts that were incurred while you were married?

Customer:

yes prior to and current

cfortunato :

That could present a problem if you file on your own (which you can do), as California is a community property state.

cfortunato :

This means that, in general, both spouses are liable for all debts incurred during the marriage, even if the debts are in one name only.

Customer:

she is nopt listed on the summons, nor on the account. I bought the vehicle when I was single.

cfortunato :

Your wife cannot be held liable for any debt you incurred while you were single - only for debts you incurred while you were married.

cfortunato :

If your main concern is the money owed for the vehicle, you can file on your own.

cfortunato :

And not have to worry about the creditor trying to collect the debt from your wife.

Customer:

great .. thats good info. I had a business that went belly up several years ago. Lost the BMW 2 years ago and they have hounded me ever since. Looks like I got a 2 year repreive for the inevitable.

cfortunato :

Since you bought the vehicle before you were married.

Customer:

fantastic

cfortunato :

Great! Is there anything else I can help you with?

Customer:

thank you ... this was helpful.

cfortunato :

You're welcome!


Please don't forget to provide a rating for my help.


Thank you!

cfortunato and 3 other Bankruptcy Law Specialists are ready to help you