Im going through forclouser and i might have to fill bankrupt .the house was in me and my ex wifes name.i have now remarried

Asked almost 2 years ago - Chicago, IL

will they go after stuff that is in my wifes name that my name is not on

Attorney answers (5)

  1. Judy A. Goldstein

    Contributor Level 20

    3

    Lawyers agree

    Answered . There is no need to ask the same question twice.

  2. Adam J. Lysinski

    Pro

    Contributor Level 9

    2

    Lawyers agree

    Answered . No, legally I do not see how they can do that. Your new wife's assets should be safe.

  3. Peter Walter Weston

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . There are further details needed to know all about the property you both own and all debts, which is an inquiry your bankruptcy attorney can do, before filing.

    After filing, it probably is too late, to make any changes, or recommendations.

    If your inquiry is about your present wife's property, if she is jointly liable on accounts and other debts since you remarried, then yes, her property may be liable for such current debts, if her property is considered part of the bankruptcy estate.
    In my districts, the wife's property is reportable as an asset, and may, or may not, become property of the estate.

    You would benefit from conferring with an experienced bankruptcy attorney, to review your financial situation.

    General legal advice is offered for educational purposes only. A consultation with a qualified attorney is... more
  4. Mark Jordan Rose

    Contributor Level 2

    1

    Lawyer agrees

    Answered . First, it is not a certainty that a deficiency judgment will be entered against you. I would not recommend filing a bankruptcy case unless a deficiency judgment is entered against you. Second, if a deficiency judgment is entered against you, the judgment creditor cannot attach your current wife's assets, assuming that the assets are titled solely in her name. She is not liable for your debts. Third, if you file for Chapter 7 bankruptcy protection, the automatic stay will prevent the creditor from taking any further action to collect the judgment. The debt will be subject to discharge. I strongly suggest that you confer with an attorney.

  5. Stephen M Trezza

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . Probably not.

    This answer does not create an attorney client relationship between you and I. I am not your attorney unless we... more

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