My wife has about 50000 dollars of credit card debt She is unemployed at the moment Can she file bankruptcy alone or do we have to file jointly I have not co-signed for any of her credit cards.?

Answer 1

Though a spouse can operate individually, there are limits to the distance one party can place between themselves and the other in a marriage, and also in the financial structure associated with the relationship. Should things become dicey, it won't be enough that you didn't co-sign for the cards. Her credit assessment was probably (meaning certainly) based on your joint assets. That means when they look to collect from her, they don't even have to turn their heads to see you. They already do. They'll look at her assets, which include, like maybe, a house. You get my drift. It is improbable that a spouse can file bankruptcy separately, but there are differences in the bankruptcy laws from one state to another, even though the basics are common. Many attorneys and para-legals provide free or low-cost counsel in cases like this (especially upon an initial visit), and it is a really good idea to call on one for specific advice. Offering advice is a common activity in the business of law, and there are a lot of practitioners. Do not construe any of what you are reading as legal advice. Look at it as a place to begin an understanding of a problem so that one can embark on the search for a good and workable solution to that problem. Lastly, if I cut myself, I wash the cut and put on a band-aid. If I break my leg I go to the doctor (or emergency room physician) for treatment. The more consequential the legal issue, the more one should seek out a professional. Good luck.