Legal Question in Bankruptcy in Illinois

What effect on estranged spouse's assets?

My spouse and I have lived apart for several years, he is in another state, and filed for divorce there 7 months ago. I have worked at a very low paying job, struggling to keep afloat. I have incurred very large credit card bills, in my name only, mostly by cash advances to keep up for the moment. Of course this got way out of hand and I entered a debt restructuring program trying to pay them off. I have been in this program for over a year, but the payments are very high. I have had some health challenges which have made it impossible to work for several months and can no longer make those payments. I am back working part time for barely over minimum wage. It doesn't appear the property settlement will be agreed upon in the near future. If I am forced to file for bankruptcy, will all the joint properties be considered as assets, or only my 1/2 of them?


Asked on 4/08/99, 11:12 pm

1 Answer from Attorneys
Charles Dobra Charles Wm. Dobra, Ltd.

Re: What effect on estranged spouse's assets?

The answer to your question is a bit more complicated that it would seem. It depends, in part, as to how title is held in what you describe as "joint property". Joint tenancy in the entirety? Joint tenancy with right of survivorship? Community property? Tenancy in Common? A lot of this depends on the state law where the real property is located. I strongly beliveve that you should consult a knowledgeable Bankruptcy attorney as soon as possible. Depending on where you live, you can contact one of the attorneys on this Website, or call your local county Bar Association to find out who practices in this area.

Charles Dobra

Charles Wm. Dobra, Ltd.

675 East Irving Park Road - Suite 100


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Answered on 4/10/99, 1:09 pm


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