Legal Question in Bankruptcy in California

wife filing for bankruptcy

Hi,my wife is filing for bankruptcy

and even though my name is not in

any of her cards or loans I am

afraid she might affect me,my

finances are clean,my fico 800

plus,the loan of the house is in my

name only, but she appears in the

title,I made her sign a prenupcial

agreement,would that be useful in

the event any of her creditors

wanted to get me involved or mess

with my bank account?


Asked on 5/11/09, 5:56 pm

1 Answer from Attorneys
Shalem Shem-Tov

Re: wife filing for bankruptcy

Normally, you would be responsible for all your wife's bills. So, if she declares bankruptcy, the creditor will come after you. Now, since you have a prenup, it MAY help you. However, without seeing the prenup I can't tell you if it will protect you. Also, it would depend on how you managed your finances during your marriage. If the prenup says one thing, but you guys ended up doing something else, that might also be a factor. These issues are too complicated to answer here, and you should speak with an attorney. If your wife has a bankruptcy attorney, you should ask him/her these questions.

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Answered on 5/11/09, 6:10 pm


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