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dylatess
dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5156
Experience:  37 plus years of experience specializing in bankruptcy law
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If a husband transfers all assests into his wifes name and

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If a husband transfers all assests into his wife's name and later declares bankruptcy, is she held accountable in any way.

To word it differently, can a husband declare bankruptcy without his spose being involved. The state is florida.
Over 34 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions.

Thanks for your question. Note, regardless of what state you may file in, Bankruptcy is a federal law. As such, there are specific codes that affect transfers of assets made prior to filing a bankruptcy. In your case, any transfer made to your wife, or anyone else within 24 months of filing the bankrutpcy must be disclosed at the time the bankruptcy is filed. Further, the trustee may avoid/rescind the transfer as it being a fraudulent transfer. Even worse, the trustee can refer the matter to the Department of Justice for prosecution of bankruptcy fraud.

To answer your question a little differenly, it your spouse does not have any assets that you have an interest in, you can file bankruptcy without including your wife in the filing and she will not be involved.
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Customer: replied 4 years ago.


If items (houses, cars) are held jointly may the husband transfer all ownership rights to his spouse and avoid any banckruptcy complications. Or, does the two year rule apply.

Sorry. the two year rule applies.