I recently raised my credit scores over the last 6 months from the 510 to 615. I JUST bought a house in another state under my OWN name. MY husband got 2 summons to be sued by 2 Credit companies for about 11,000 dollars. He went to see a lawyer fro "Free advice" What they want him to do is File a chapter 13. I don't want to be part of ANY bankruptcy. BEEN THERE DONE THAT 30 YEARS ago with another spouse. How can I NOT be a part of this?I am afraid because it will affect three major accounts. Our current house, my car loan which I PAY and keep current and another credit card that I don't care about but I keep current. 2 years ago he sent ALL his cards to a "Debt relief agency" which he pays 440 a month which hasn't done much for him. Im so mad I could scream.
I was wondering If I should get a Legal Separation just to protect my assets but our state doesn't recognize them... Any suggestions????
Frustrated Fla Female
Jeez....maybe it's time to leave?
Seriously, if I was in the situation, I would have separate bank accounts, separate cc's, etc. Get a legal document that says he is responsible for x bills and you are responsible for y bills. Creditors don't really care, but it's a step in protecting yourself.
It sounds like you have a car and a house in both names? If you can, refi them to just your name. If they are both joint when he gets sued, or if he files bk, then it will affect your credit. No getting around that.
*hugs* I am sorry you are going through this.
If you don't live in a community property state and all your credit is your credit, not joint, you should be ok. His filing Chapter 13 in his name should have no adverse effect on you.
In doing research for Chapter 13 it says
Married individuals must gather this information for their spouse regardless of whether they are filing a joint petition, separate individual petitions, or even if only one spouse is filing. In a situation where only one spouse files, the income and expenses of the non-filing spouse is required so that the court, the trustee and creditors can evaluate the household's financial position.
SO if I move to my other home out of state would I be safe? the same frustrated fL female
I think your best bet would be to talk to a BK attorney on your own.
I sent you a PM.
That, above, is the best advice you can get!!! We can all try to help & give a reasonable idea of what would happen & what you should do....but a BK Atty, that is what they specialize in.
Good luck hon & don't let him take you down with him.