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If you have good credit and your husband has bad credit and you own your home jointly can he declare bankruptcy independently?
Yes. Generally one spouse can file bankruptcy without the other spouse having to file even when real estate is jointly owned. Sometimes if there is substantial equity in the house this can be problematic, but most states have exemptions which protect residential real estate owned by spouses when only one spouse files bankruptcy (called the "Tenancy by the Entireties" exemption), so this usually isn't a problem. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts and law, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Speak to a lawyer for specific advice. If you have any questions, please refer to a lawyer in your jurisdiction. Thanks!
What else can I help you with?
Can a man file bankruptcy without his wife's involvement and if he does how will she be affected?
A husband (or wife) may file for bankruptcy separate from his or her spouse. Technically speaking, this should have no effect on the other spouse as they are filing bankruptcy for their separate debts and you will not be held responsible for their debts nor will it be reflected on your credit report, etc. It is important to note that those debts you held jointly will remain with you (the spouse that did not file for bankruptcy).
Can a home be refinanced in the husband's name only to pay-off the wife's bankruptcy so they can buy a new home?
If the property is jointly titled it would have to be retitled according to state statutes. If a lien has been placed against the property the property cannot be retitled, sold, or refinanced until the lien is satisfied.
Can a co signer file bankruptcy on a car loan?
Yes, a co-signer can file for bankruptcy, which can affect their liability on a car loan. However, filing for bankruptcy does not automatically eliminate the primary borrower's obligation to repay the loan. If the primary borrower continues to default, the lender may pursue the co-signer for repayment, as they are jointly responsible for the debt. It’s important for both parties to understand the implications of bankruptcy on their financial obligations.
If you and your husband are joint tenants on credit cards are you responsible for the debts if he has passed away?
Yes. When an account is jointly held, all parties are equally responsible for the entire amount owed.
If you and your husband have separate credit cards will his late payments affect your credit score?
No, not if the accounts are separate. Married couples credit ratings are only affected equally when the account is held jointly.
Can a mother and daughter file bankruptcy jointly?
the answer is yes, Yes mother and daughter can file bankruptcy jointly and also you and your husband will file bankruptcy jointly is still accepted as long as its not same sex marriage.
When a judgment is awarded against a man and wife and his company and the husband files bankruptcy on the company but the wife is not a party to the bankruptcy can her wages be garnished?
If both persons were sued and a judgment awarded but only the husband filed bankruptcy and included the debt; the judgment can still be executed against any non-exempt property belonging to the wife and perhaps jointly owned property as well. The legal presumption is that the debt is still owed because it was jointly incurred.
You live in Florida can you file bankruptcy on your debts with out it affecting your husband?
You can file bankruptcy individually instead of jointly but if your husbands name is on some of the accounts it may effect him. You would need to speak to an attorney and explain your situation in detail to get the right answer.
Your Wife an you jointly filed chapter 13 bankruptcy if you separate will the case be dismissed?
No
Can a man file bankruptcy without his wife's involvement and if he does how will she be affected?
A husband (or wife) may file for bankruptcy separate from his or her spouse. Technically speaking, this should have no effect on the other spouse as they are filing bankruptcy for their separate debts and you will not be held responsible for their debts nor will it be reflected on your credit report, etc. It is important to note that those debts you held jointly will remain with you (the spouse that did not file for bankruptcy).
My husband was gifted a family business but I paid taxes on it from filing jointly can that make it mariatal property then?
it is your husband's
Can you open a separate bank account if you filed for bankruptcy jointly and are now separated from your spouse?
yes...if the bank agrees.
If I own my family home jointly with my husband my husband dies and i want to sell the house are any taxes payable?
In the UK, NO
Your husband and you are separated and he has a personal loan in his name alone that is secured by your jointly owned appliances and furniture Can lenders repossess jointly owned items if he defaults?
Yes.
How long after getting married do you have to wait to file jointly for bankruptcy?
My spouse and I filed 3 weeks after our marriage. I was told that it could be done immediatly.
If your spouse files bankruptcy will this affect you and your credit?
No. It is similar to your taxes, you have the option of filing jointly. However, if you have been married for awhile and have a lot of joint debt, you should file jointly. No. It is similar to your taxes, you have the option of filing jointly. However, if you have been married for awhile and have a lot of joint debt, you should file jointly because your obligation to repay joint debt will survive your husband's bankruptcy. For example, if your husband has a truck but the truck loan is in both of your names, you will be obligated to take over the entire debt if your husband files bankruptcy.
How many years can you file jointly with deceased husband?
The year in which your husband died is the last year you can file jointly, but only if you do not remarry in that year. For the next two years, you may be eligible to file as a Qualifying Widow with Dependent Child, which is a different status.
