Legal Question in Bankruptcy in Michigan

My husband is planning to file bankruptcy. I do not. He has unpaid credit card debt. I don't. The only property we have in our name together is our home. He claims he can use it without my signature to file bankruptcy even though both ourt names are on the deed and mortgage. The house is paid for in full. I have a high credit score and would like to keep it that way. He stated that he could use the house without my signature to do anything? Is this true?

Please advise.


Asked on 2/25/10, 5:21 pm

1 Answer from Attorneys
Kimberly Redd Redd Law, PLC

When your husband files bankruptcy, he has to list all of his creditors and all of his property. Since the home belongs to him also, it must be disclosed on his petition. This doesn't mean that your credit will be affected. Since you're not filing bankruptcy, your credit will only be affected if you stop making the mortgage payments. You will want to review your credit report periodically for errors and to make sure that the bankruptcy isn't incorrectly reported on your reports.

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Answered on 3/04/10, 7:04 pm


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