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VanDLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 833
Experience:  Chapter 7 & 13
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I was on disability for over a year and than lost my

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I was on disability for over a year and than lost my job. I have a lot of unsecured debt. I live in california. My name is XXXXX XXXXX the title of the home or the loan only my husbands name is XXXXX XXXXX Can the debtors place a lien on the property or make him pay for the debts I incurred?


You can get take individual bankruptcy even if you are married. They only thing that will be included in the bankruptcy in the way of assets are the things you own or have an ownership interest in. Anything with your name on the title, or bank account, etc. must be included. Your husband's assets that he owns individually will NOT be included.

Therefore, the house will not be included in the bankruptcy and they cannot place a lien or make him pay for the debts you incurred.

However, they will use his income and your income to determine if you meet the "means test" in a Chapter 7, and use his income to calculate your disposable income in a Chapter 13. Also, make sure you check all debt, anything with your name on a credit card or loan will have to be included in the bankruptcy and will discharge your responsibility to pay it back and make the other co-owner completely responsible for the entire debt. Also, you cannot take partial bankrupcty, if your name is XXXXX XXXXX credit card it must be listed and included in your bankruptcy filing.

Customer: replied 9 years ago.
Reply to VanDLaw's Post: If I am separated and living separate from him but not legally separated will they still use his income?
Again, this is in California where I here it is community property
No, if you you are separated they will only use the number of people in your household. If you have children living with you they count them, but that helps you in the means test, the more people the higher the median income and the better chance you will have to come in underneath it.
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