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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101966
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I need to file bankruptcy, I do not want it to affect my

Customer Question

I need to file bankruptcy, I do not want it to affect my spouses credit. The only joint debt we have is our house and my car. W live on a community property state.
If my husband and I divorced and the house and car becomes his property will he be able to keep it and it not be affected by the bankruptcy?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information only for educational purposes only, and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Would you be filing a bankruptcy before or after the divorce was finalized?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Expert:  Ely replied 1 year ago.
Hello – you had never replied to my Information Request so I never got a chance to provide an answer. Please let me know if you still need information, and if you could reply to my information request so I could provide one.
Customer: replied 1 year ago.
It will be after
Expert:  Ely replied 1 year ago.
Thank you.
Your own filing of divorce should not affect your ex's credit directly.
It also depends on what kind of Bankruptcy is filed for - Chapter 7 or Chapter 13.
Under Chapter 7 bankruptcy, a spouse’s debts are wiped clean, but the creditor can pursue the other spouse.
Under Chapter 13 bankruptcy, debtor plans to repay the debts, and the creditor generally leaves the other (ex) alone, provided that bankruptcy plan payments are timely paid.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 1 year ago.
Let's say as part of the divorce I provide a quick claim deed of the house to my ex husband, and then I file bankruptcy. Will the creditors have the ability to go after any equity in the house now owned by my husband?
Expert:  Ely replied 1 year ago.

Not necessarily. However this also depends on the type of BK which is filed and the circumstances surrounding the matter. I do not mean to be "elusive," but THIS website explains it well.

Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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