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Colorado - A friend of mine is married but hasnt been living

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with his wife for about...
Colorado - A friend of mine is married but hasnt been living with his wife for about 4 years. He did rent one of her houses till last year though. She wants to file for bankruptcy. She has lots of foreclosures, and other bills but they all in her name only. I know he would be the none filer. But what could happen to him since they are still legally married? What would happen if they file for divorce during or before the bankruptcy filling? Can he be made responsible for her bills, etc? Also, how would impact this situation to the new live in girl friend?
Submitted: 8 years ago.Category: Bankruptcy Law
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1/1/2009
Bankruptcy Lawyer: Ellen, Attorney replied 8 years ago
Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36,714
Experience: Bankruptcy Lawyer. Experienced.
Verified

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.


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.


A divorce during or within one year before the bankruptcy would have little effect.


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.


Thank you,
FLAandNYLAWYER


Please hit ACCEPT so that I can get credit for my work

Bonuses and Positive Feedback gratefully accepted!


THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36,714
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