Legal Question in Credit and Debt Law in California

She Burned Me

I haven't filed yet. The issue is that my wife ran up a huge amount of credit debt in both our names (along with stop paying the mortgage on our house) last year and now the creditors (and attorneys) are looking for their money. Is there any way that she can be held responsible for the debt she accrued?


Asked on 3/14/07, 10:59 am

1 Answer from Attorneys

Amy Kleinpeter Clark Kleinpeter Law

Re: She Burned Me

The fact is, if you were married and living together, the debt probably belongs to both of you. I understand you feel this is totally wrong, but I think your best bet is to divide this into two issues. (1) You are mad at your wife because you trusted her with your joint finances and she did not keep you in the loop with your financial situation, and (2) you and she now owe a lot of money, maybe more than you can pay.

The second issue is what a bankruptcy attorney can help you with -- either a joint (with your wife) or solo bankruptcy might be your best option, although that depends on how much is owed.

One note -- if you are contemplating divorce and filing for bankruptcy, I recommend filing first and only finalizing the divorce after you get your discharge from debt. Otherwise, you may not be able to discharge some debts after the divorce even if you do file for bankruptcy.

-- Amy Kleinpeter

http://www.amykleinpeter.com

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Answered on 3/14/07, 1:01 pm


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