Wednesday, November 23, 2011

Can I file for bankrupcy with out involing my spouse?

Most of my credit is in my name except our house. Can I quitclaim it to her so I won't have to include it?Can I file for bankrupcy with out involing my spouse?
Absolutely you can file for bankruptcy without involving your spouse. Whatever you do DO NOT transfer that deed to her, this will be considered predetermined fraud by the bankruptcy court. Depending on the state you live in, and the exemptions of that state you may not need to worry about the house at all (you are exempted a certain amount for your home). Whether you do a chapter 13 or chapter 7 and there are ways online to help determine which would be best for you, do not worry about your home(unless you want to give it up). There's a great site/forum you can find the Means Test and your states exemptions and any other information you might be looking for. Just DO NOT transfer/sale/hide anything thing after making the decision to file, or you will need to wait awhile before filing.


Go here for all the information you need. Good Luck!





http://www.bankruptcyforum.com/Can I file for bankrupcy with out involing my spouse?
You may have difficulty in this; as a joint account holder, the original contract supercedes any further action taken on the mortgage. You may be able to exclude your home from bankruptcy, however. You should check with your bankruptcy lawyer to make sure it is done correctly.
You can file bankruptcy without involving your spouse. You do not have to include your house. You only list what you want to on a bankruptcy. The only way bankruptcy will effect your spouse if she/he does not file with you and you list something that both of you have signed for. In that case the spouse is now the only one responsible for that bill.

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