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Teacher Editor
Teacher Editor, Instructor
Category: Legal
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Experience:  College Instructor
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My husband says if we get a divorce and I file for bankruptcy

Resolved Question:

My husband says if we get a divorce and I file for bankruptcy then it will restore our credit and then we get remarried. Is this a good idea?
Submitted: 5 years ago.
Category: Legal
Expert:  Teacher Editor replied 5 years ago.

Linda Roch :

Hello and welcome! If you have any other questions, please let me know or please click Accept.

Linda Roch :

You live in a community property state so whether you are married or divorced, for bankruptcy purposes, all your debt that you incurred during marriage may still be considered both of yours as well as property.

Linda Roch :

So it is a risk to get divorced first since it may not make a difference and there are other implications that should be taken into effect.

Linda Roch :

For example, when you get divorced, if your husband signs on to pay child support and/or alimony, and then you decide to stay divorced, that agreement stays in force.

Linda Roch :

If you agree to forego alimony and/or child support and then you decide not to get remarried, you are stuck with that agreement as well.

Linda Roch :

Thus, getting a divorce does not guarantee an easier bankruptcy since you live in a community property state.

Linda Roch :

Please press Accept.

Customer:

We are about to lose our house we are 3 months behind and he says he cannot file for bankrupcy because his family are the creditors and he wont do that to his family. His debt is greater than mine. He spent his 401k and has no retirement as of now, but I feel like there must be another option.

Customer:

we are about to lose our home we are 3 months behind and he thinks since Im a stay home mom it makes sense for me to file bankruptcy along with divorce as I have no incoming income. Are there other options?

Customer:

I have another question

Customer:

more question

Customer:

hello?

Linda Roch :

yes i am here

Linda Roch :

well the problem with this idea is that the debt is both of yours since you live in a community property state.

Linda Roch :

So your bankruptcy will not help him as he can still be sued for the debt.

Linda Roch :

Being only three months behind does not mean that you will lose your house.

Linda Roch :

It takes a long time to lose your house in a foreclosure sale and you may be able to catch up on the mortgage or ask for a modification with the mortgage company by then.

Linda Roch :

Please press Accept or ask another question.

Customer:

But my credit debt are credit cards in my name not his

Linda Roch :

but you live in a community property state where any debt that you incur after you get married may be considered his debt as well.

Linda Roch :

If you get divorced, the creditors may overlook but it is not a definite.

Linda Roch :

But just remember that getting divorced is risky for the reasons i mentioned above.

Customer:

Thank you

Customer:

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Customer:

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Customer:

I think h

Linda Roch :

you're welcome

Linda Roch :

please press Accept

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