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My husband and I have been separated for 15 years. He is in OR, pays the mortgage on time, but my name is still on it.

Corning, CA |

I need to file bankruptcy and its the second time in 9 years. will it affect him and the house?

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Attorney answers 3


It is not likely to effect him significantly if you file alone unless you have community property assests here in California that are in excess of the property you are permitted to retain in a chapter 7 case (assuming you file a 7). The impact on the house will depend on whether you have equity in the property. If the house is upside down, the trustee is unlikely to try to liquidate it. If you have equity, you will lose the property unless you can exempt it. You will need to contact an attorney to make sure that you handle this properly.

If you found this answer helpful, please let me know by clicking the "Mark as Helpful" button or "Best Answer" at the bottom of this answer. Although I'd welcome an attorney/client relationship with you, my comment here does not create one. Our firm is a debt relief agency. We help people file for bankruptcy under the United States Bankruptcy Code.


Only if the house is still considered marital property might there be any problem ... and only if it has more than, say, $20,000 equity.


If there is no equity or the equity can be protected using exemptions, then filing bankruptcy alone shouldn't effect him. However, if there is equity, then a number of other factors come into play. You should definitely seek a consultation from an attorney. Most will provide a free one. They will be able to go into more detail with you and explain or help solve any issues with regards to the home and your husband.