He has 3 kids and a Ex-wife who was ordered by court to get home refinanced in her name. She never did since last June, the loan in his name nothing has been paid, and going into preforeclosure, we are getting married, I own my own house car, truck, motorcycle, Nothing is in his name and no loan mutually with me. except one checking account we have mutual that out checks get deposited into. Can they come after my home and belongings because we are married?
There is a chance that any assets received since marriage, or any value increases in your home since being married could be at risk if there are not sufficient exemptions. However in most cases there will be enough exemptions to cover any assets you have.
Your husbands attorney, and you should definitely hire one, will be able to review your assets and determine prior to filing if anything will effect you.
To make a long story short, if you never commingled assets, then no you yourself do not have to worry. Your husband has to make full disclosure on the assets he owns. Since he will be filing for bankruptcy by himself, his bankruptcy filing will not effect your assets. You should consult with a lawyer in your area if you have any more questions
Not personal injury. Bankrupcy and perhaps family law.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff
Somehow this question got listed as a personal injury question. I'm redirecting you to bankruptcy, although he probably should talk to the lawyer who handled the divorce..
My answers to this question are informal and partial due to the insufficient nature of the information exchanged. These answers do not make me your lawyer. In order to make me your lawyer you have to hire me, in writing. Answers given herein are necessarily brief and cannot be complete or reliable legal advice until (a) an attorney-client relationship has been established, and (b) until complete information has been given pursuant to that relationship..
I agree with Mr. Buckland this is not a personal injury matter.
No attorney client relationship has been formed until you sign a representation agreement.
If the home was in his name and never foreclosed upon or title changed until now will have to be reported on his schedules when he files and any liability extinguished when he receives his discharge. There should be no impact on you by his filing beyond household income reported. Unless you are listed on any of his charge accounts or jointly own any assets you won't appear anywhere on the petition so no worries.
The only potential issue I see is that mutual bank account. If it has enough money, and his share is too large, the trustee might get a piece of it. Other than that you should be OK. When you get married, his post marriage medical bills are also your responsibility, and your post marriage medical bills are his responsibility. Congratulations on your marriage.
The simple answer that I did not see any of my colleagues propose is the your future spouse file before you get married and that way can avoid any issues and it will likely be easier for him to pass the means test now without your income to factor into the equation. If any of my colleagues suggested this and I missed it, I apologize to them for having missed their insightful answer.
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