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I have some premarital debt and no joint debt with my husband, am I able to file bankruptcy on my premarital debt in SC?

Lancaster, SC |

I have credit card debt, student loan debt, and that is all, but I have no job & no assets associated with my name ie cars & house are all in my husbands name & we have no joint debt. All together I have maybe between 30 and 40k dollars of premarital debt.

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Attorney answers 1


Yes, you can file on your own. Your husband is not required to file. I am assuming that there have been no recent asset transfers from you to your husband, either before or after your marriage, since that would raise other issues.



No, I have not transfered any assets to my husband. Due to my bad credit from excessive delinquencies we have made any new investments in my husbands name only such as our home and vehicles. I have done my best to work with creditors in an effort to make good on my debts; however, I am no longer employed and am going back to school this fall so raising our family of 3 on one income below $40k a year makes continuing my efforts nearly impossible. We literally live pay check to pay check.