Legal Question in Bankruptcy in Wisconsin

Yes, unless you have a marital property opt out agreement, each spouse owns 50% of the other spouse's marital property. Creditors will therefore consider both spouse's assets in a credit evaluation of the other spouse. Likewise, the creditors of the filing spouse (via the trustee, who represents them) can take away the marital property assets of the nonfiling spouse. For this reason, single spouse filings without a marital agreement are usually a very bad idea for those who have anything to lose..

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