Submitted by win49 on Tue, 11/02/2010 - 07:50
Posted in
My wife and I are divorced now but still living in the same house, which I own outright. We have separate incomes and keep separate accounts and are no longer financially intertwined. We live in the same house only because my ex is having trouble finding a new place to live. Her finances are a mess and she is going to file bankruptcy. Can she file bankruptcy on her own or do I need to file with her? Some of her old debts, like a car debt were incurred jointly, but I sold the car and paid off the loan after the divorce settlement. I mean, it seems silly that I would have to file too, but I just want to make sure. Thank you.
Bankruptcy after divorce
As long as you're sure you no longer share any debts with your ex, there should be no issues for you to worry about. There is no need for you to file bankruptcy. In fact, even if a couple is still married, one spouse can file bankruptcy without the other. Good luck to both of you.
When your ex-spouse files for
When your ex-spouse files for bankruptcy, all efforts to collect any debts have to stop unless they fit within one of the exceptions in the bankruptcy statute. This is known as the "automatic stay." The most important one for you when your ex-spouse files for bankruptcy is the one that excepts from the automatic stay the commencement or continuation of a proceeding to establish or modify a support award or collect support from property that's not property of the bankruptcy estate.