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WantToSmileAgain (original poster member #25786) posted at 9:44 PM on Tuesday, September 7th, 2010
Ok, I'm looking at having to file bankruptcy. If I file bankruptcy on all debt which includes the house what happens if my stbxwh does NOT file bankruptcy? Would he then incur all the debt since it's in both names?
D-Day 8/15/09
WH Moved Out 1/21/10
Legally Separated 7/6/10
Property Settlement Agreement Signed 3/10/11
Divorce Finalized 4/6/11 WooHoo!
Time to celebrate!
lovemyfamily75 ( member #29394) posted at 10:53 PM on Tuesday, September 7th, 2010
Bankrupcy doesn't include the house. I think that's a separate thing.
I am not very knowledgeable, but have some acquaitances that just went through it.
unbreak_my_heart ( member #12145) posted at 11:05 PM on Tuesday, September 7th, 2010
It CAN include the house. Talk to a bankruptcy lawyer about your options. In fact, talk to a couple.
HAPPILY RECONCILED!
I ♥ my Husband!!!
ntgvngup218 ( member #26882) posted at 12:44 AM on Wednesday, September 8th, 2010
Yes if u file and he doesn't, then the creditors will start coming to him for payment. I am in the process of filing and we were advised By our bankruptcy lawyer to file together otherwise the creditors will come after whoever did not file.
We have never owned a home, so not sure how that works.
Hope this helps! 
"The pain that you've been feeling can't compare to the joy that's coming"
WantToSmileAgain (original poster member #25786) posted at 2:25 AM on Wednesday, September 8th, 2010
D-Day 8/15/09
WH Moved Out 1/21/10
Legally Separated 7/6/10
Property Settlement Agreement Signed 3/10/11
Divorce Finalized 4/6/11 WooHoo!
Time to celebrate!
caregiver9000 ( member #28622) posted at 2:45 AM on Wednesday, September 8th, 2010
We were filing together and my D lawyer said to stop and file separate. Her words, "you don't get in bed financially if you are at war." So ask. Plus, if he is hiding assets or debt, you won't be able to file together. You B lawyer would end up with a conflict of interest and have to refer you both out.
Me: fortysomething, independent, happy,
XH "Stretch" (and Skew!) ;)
two kids, teens. Old enough I am truly NO CONTACT w/ NPD zebraduck
S 5/2010
D 12/2012
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