One spouse filing bankruptcy

Anonymous · ‎11-09-2016

I have a question about one spouse filing bankruptcy. The spouse that owns the home and car is not filing bankruptcy. The spouse filing bankruptcy has all credit card debt that has no liens attached to any of it. How will the spouse not filing bankruptcy be affected? Will they be able to take the house or car?

rooeez · ‎11-09-2016

I believe it depends if you are in a community property state regardless of who is on the title. I'd talk to a bankrupcy lawyer.

Anonymous · ‎11-11-2016

@Anonymous wrote:
I have a question about one spouse filing bankruptcy. The spouse that owns the home and car is not filing bankruptcy. The spouse filing bankruptcy has all credit card debt that has no liens attached to any of it. How will the spouse not filing bankruptcy be affected? Will they be able to take the house or car?

Possibly, yes - are they on the title? My attorney told me it is best for both of us to file to prevent creditors from coming after the property through her.