Legal Question in Credit and Debt Law in Missouri

Re: Is Home At Risk?

In a word, no, assuming the house is titled jointly in your name and his. If the house is solely in his name, they have a better shot at it, but they would have to sue him in order to get it, and if he is incompetent, he can't be sued without a guardian.

If your husband is incompetent, you need to have a guardian/conservator appointed for him through the probate court. No doubt the best guardian would be you. This gives you the right to deal in his place with the creditors. In some instances it may be advantageous to work out a payment arrangement with the companies. Sometimes a bankruptcy is the best option. But you need competent legal assistance to determine which way to go.

I would urge you to see an elder law specialist as soon as you can. You can get a referral to an elder law attorney from the Missouri Bar.