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Is my husband responsible for my debts in bankruptcy court.

Rochester, NY |
Filed under: Chapter 7 bankruptcy

I am married, but the house we purchased is under my name only. The house was purchase after we got married. I have an overwhelming amount of debt, too much to try to pay even in small amounts. I have a judgment against the house now. My husband works, my only source of income is from social security disability. If I file bankruptcy will my husband be held accountable for my debts that are in my name only?

Attorney Answers 5

  1. Your husband is not reponsible for the debts that are only in your name.

  2. As a general rule your husband is not liable for your debts that get discharged in bankruptcy court.

  3. No, in he is not jointly obligated on the debt then nothing that occurs in your bankruptcy case will confer any new obligation onto your husband...

  4. If your husband is not personally responsible for debt, he will not be responsible after you file bankruptcy either. The only debt he can be held responsible for is debt that he himself incurred, either as borrower or guarantor. In other words, if a credit card is in your name only, and you file bankruptcy, your husband will NOT be responsible for the debt unless his name also is on the credit card. Good luck!

  5. Your husband will be responsible for any of your debt that he co-signed. Any debt that the both of you took out together he will now be responsible for. Contact a lawyer so they can review your debt and tell you if your husband will be on the hook for any of it.

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