My husband and I are going through a divorce Nothing has been offcially filed yet. He went to see a bankruptcy lawyer and he told him it would be better to file before we got divorced and that I didn't have to sign anything even though we are still married. He is filing on the house. Which he bought before we were married, the second mortgage which my name is on and a peronal loan which my name is on as well. Can he actually do this?
2 Answers from Attorneys
Yes. A bankruptcy discharge extinguishes the personal liability of the person filing. Of course, if you're not filing, then they can still come after you.
Debts that are incurred as part of a separation or divorce cannot usually be discharged in bankruptcy. Unless you are absolutely certain that you will be able to make all the payments (without financial help from your husband or anyone else) after your divorce, I urge you to consider filing a bankruptcy either separately or with your husband before you get a divorce. If you wait, get the divorce, and then discover that you were incorrect about your ability to make the payments on debts that the divorce decree says are your responsibility----sorry, you're simply out of luck.
Most bankruptcy attorneys will see you for free. It is critical that you protect yourself financially by understanding how his bankruptcy will affect you. What you don't know will hurt you. (Don't count on your divorce attorney unless she regularly practices bankruptcy!) The bankruptcy attorney will be able to give you more accurate information if you provide a copy of your credit reports when you see her.
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