How will filing bankruptcy affect my husband?

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How will filing bankruptcy affect my husband?

Will this affect him or his credit in anyway? Does any of my debt affect him his name is not on anything?

Asked on November 22, 2010 under Bankruptcy Law, Alabama

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

As long as you have separate credit than your filing should not affect your husband's credit in anyway.  In fact, if you have no joint accounts or joint assets (that are not exempted by law), then your bankruptcy will not affect your husband at all.  However, unless you are living apart and are legally separated, 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 income.  This, however, in no way obligates your husband, either legally or financially. 


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