Can my husband file bankruptcy without me signing? - Bankruptcy Law Questions and Answers- LawQA.com

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Can my husband file bankruptcy without me signing?

My husband and I are separated, no papers have been filed. Can he file bankruptcy on our house without me signing? We have separate bank accounts and I have been making all the house payments. The house is in both in our name.

Answer By Gary Lee Lane
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
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Yes.

Answer Applies to: California
Replied: 12/21/2011

Answer By Kevin Heupel
Heupel Law
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Yes, he can file bankruptcy without your permission.

Answer Applies to: Colorado
Replied: 12/21/2011

Answer By Eric Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis
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Your husband can file bankruptcy and subject his interest in any property to liquidation that is not exempt. That means that if he has equity in the house and you two own it in such a way that the interest is divisable, it could be liquidated by the bankruptcy Trustee.

Answer Applies to: Indiana
Replied: 12/18/2011

Mazyar Hedayat and Associates
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Bankruptcy can be filed by either spouse individually; especially when they are separated, incur and pay separate household expenses, have separate bank accounts, hold separate jobs, and maintain debts in their own names. You indicate that you and your husband own a house. While you alone may have been making mortgage payments, most likely both of you signed the mortgage. When our husband files he must decide whether to reaffirm his mortgage obligation or abandon it. If he abandons it, you will be obligated to make future payments. I hope this information has been helpful.

Answer Applies to: Illinois
Replied: 12/18/2011

Answer By J.M. Cook

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Bankruptcy is not in rem, meaning you don't file bankruptcy on a house or any particular debt. But he absolutely can file bankruptcy and his debt/liability on the house and the house as an asset will be included in this bankruptcy.

Answer Applies to: North Carolina
Replied: 12/16/2011

Bankruptcy Law office of Bill Rubendall
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One spouse can file a bankruptcy petition without the non-filer's permission. However, certain exemptions are not allowed to be claimed unless the non-filer signs a spousal waiver.

Answer Applies to: California
Replied: 12/15/2011

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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Yes, he can do that. You will still remain liable for the house payments. Does it have any equity? That is what you should be worried out because the trustee could force you to but him out. If equity is less than 150k, you will be OK unless there are other significant assets.

Answer Applies to: California
Replied: 12/15/2011

Answer By David Leibowitz
Lakelaw - Loop Bankruptcy
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Yes he can. Won't affect you.

Answer Applies to: Illinois
Replied: 12/15/2011

Answer By Bill Zurinskas
Bankruptcy Law Center
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Yes. A married person can always file bankruptcy individually (that is without the other spouse joining in a joint petition). Your husband must file bankruptcy on all debts, including the house obligation (mortgages). If you are jointly liable on your house, then your husband's bankruptcy will not protect your from the mortgage liabilities or any other joint debt. If the house has equity above any applicable exemptions, the trustee may liquidate the house.

Answer Applies to: Colorado
Replied: 12/15/2011

Answer By Abel Fernandez
Diefer Law Group, P.C.
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Yes. The only person who has to sign the bankruptcy is the person filing. So, he is able to file his own individual case.

Answer Applies to: California
Replied: 12/15/2011

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