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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38901
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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My husband and I are getting a divorce and he has agreed to

Customer Question

My husband and I are getting a divorce and he has agreed to assume all of our debt- we have been paying a debt consolidation company but now he is going to file for bankruptcy because the payments will be too high for us in our individual households (I will have the 2 kids). Can he do this (is it allowed) and will I not be affected by the bankruptcy? Also, would it matter if he filed before or after the divorce?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 7 years ago.

The third party creditors are not affected by the divorce. If your husband files for divorce, and you are jointly obligated for the debt, then the creditor can turn to you for payment, and if you can't afford it, then your only option will be bankruptcy.


Figuring out whether a particular set of circumstances will impact a non-filing spouse is difficult, because it requires an assessment of all the possible assets and debts. Most family law attorneys are unable to make this assessment.


For a bankruptcy law attorney referral, see: and


Hope this helps.


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Hope this helps.