Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

If my husband and I have a legal separation document in

Customer Question
If my husband and...

If my husband and I have a legal separation document in which he assumes all our debt, including that which is in both are names, and he goes bankrupt, am I still liable?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

New York

Lawyer's Assistant: Has anything been filed or reported?

No

Submitted: 8 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 2 minutes by:
11/11/2017
Lawyer: Barrister, Attorney replied 8 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,510
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

If my husband and I have a legal separation document in which he assumes all our debt, including that which is in both are names, and he goes bankrupt, am I still liable?
.

Yes, because the creditors don't care what agreement that you enter into privately with your husband if you are on the debts as a guarantor. They can still come after anyone who is listed on the debts, regardless of any private agreement.

.

So if he filed BK and you were a guarantor on the debt, then that leaves you as the only one on the hook for them then..

.

.

thanks

Barrister

Ask Your Own Legal Question
Lawyer: Barrister, Attorney replied 8 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,510
42,510 Satisfied Customers
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I am looking for a lawyer to review my postnuptial. New
I am looking for a lawyer to review my postnuptial. … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
1,145 satisfied customers
No for Ray, Prenuptial agreement stated "All property
No for Ray,Prenuptial agreement stated "All property divided equally by the parties, upon the dissolution of the parties prospective marriage by divorce. "Time Filed divorce properties 2015. Dissoluti… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,066 satisfied customers
Sticky situation. ..desiring divorce from a deadbeat
Sticky situation. ..desiring divorce from a deadbeat husband. He is not available to discuss anything with. We JUST moved to CA, and it hasn't worked out, so I got my old job in NJ back. I then would … read more
LegalGems
LegalGems
Juris Doctorate
12,498 satisfied customers
My wife and I live in Arizona. I am starting a business and
My wife and I live in Arizona. I am starting a business and my wife wants to make sure that her name (and credit and financial assetts) are not at risk. I understand AZ may be a common property state … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,221 satisfied customers
If my husbands business is an s-corp and one of s customers
if my husbands business is an s-corp and one of his customers goes bankrupt oweing him alot of money (lets say) then the bank calls in his credit line etc etc. can they clear our our liquid funds? wha… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
My husband and I want to start a business.He says it's best
My husband and I want to start a business.He says it's best if everything is under his name, I love him very much but I've seen my mom suffer from her lack of financial control with my dad and I want … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
37,030 satisfied customers
In the state of California, I am opening my own business. My
In the state of California, I am opening my own business. My husband is not involved. If we ever divorce, does he get to claim a share? If we are still married and he goes bankrupt or has foreclosure … read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
I would like to know if you can sever financial ties with your
I would like to know if you can sever financial ties with your spouse and not be responsible for his credit card debt through a legal separation with the courts in NY? Due to financial difficulties, c… read more
cfortunato
cfortunato
J.D.
7,967 satisfied customers
Hello, In 2008, I helped my brother purchase a car. I
Hello, In 2008, I helped my brother purchase a car. I was the buyer and he was the co-buyer. However, I have never driven the car at all. It was in my brother's possession always. My brother got into … read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
my husband is a guarantor for a student loan. I got married
my husband is a guarantor for a student loan. I got married to him years later. Knocking on wood if something happens to him and the other part decides not to pay. would this affect me?… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,657 satisfied customers
was served legal paper work at home my son recieved it i wasnt
was served legal paper work at home my son recieved it i wasnt home. has me and my wife on it a loan she took out when we were seperated . she never could pay on it much i didnt know about it am i lia… read more
xavierjd
xavierjd
Juris Doctor
3,361 satisfied customers
My husband and I are married 30 year. We always kept our credit
My husband and I are married 30 year. We always kept our credit cards separate in each of our own names. My husband has debt of about 90,000. I have debt of about 30,000. I alway thought this was a be… read more
John Legal
John Legal
Doctoral Degree
3,418 satisfied customers
This is in regards to our primary residence in California and
This is in regards XXXXX XXXXX primary residence in California and a legal separation. We have decided to go ahead with a legal separation which asks for what percentage would be mine and how much his… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
Hello I am legally separated from my spouse, but we hve a
Hello> I am legally separated from my spouse, but we hve a house + mortgage that is 'under water',& he has tremendous credit card debt. We need to divorce, but what about the mortgage? We're in New… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,657 satisfied customers
Good Morning. My husband died in January. We had filed bankruptcy
Good Morning. My husband died in January. We had filed bankruptcy about 10 years ago. He left no estate, nothing, just an insurance policy. The house is not paid for and is in both our names. I had wr… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I have filed for divorse July of 2009. 2nd marraiage for both
I have filed for divorse July of 2009. 2nd marraiage for both my husband and I. My husband has been living in his own apartment since that time. We have no property or accounts with both our names on … read more
PlotinusLaw
PlotinusLaw
Attorney at Law
Juris Doctor
731 satisfied customers
My husband and I have been married a year. We have a prenuptual
My husband and I have been married a year. We have a prenuptual agreement that keeps our assets separate. Our prenup allows for us to purchase property jointly, as long as our portions of this propert… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,940 satisfied customers
My husband has spiraling debt problems due to his gambling
My husband has spiraling debt problems due to his gambling on the stock and money markets. I am a homemaker and my husband goes out to work. He earns in excess of $150K pa. We are both in our late 50'… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x