Legal Question in Bankruptcy in Pennsylvania
will we lose our house?
Can only one spouse file bankrupcy, with out it affecting the other? All of the credit card debt is in the husbands name, and the assets are all in the wifes name. Husband does not work, and has no income. Wife has own business and the husband does not have anything to do with it. Can they force us to sell our home? Or can the force the wife to pay for the husbands debt?
3 Answers from Attorneys
Re: will we lose our house?
If all assets were always in wife�s name, the creditors of husband cannot get those assets. Thus, he could file a bankruptcy and all those assets would be protected.
The only issue that arises is qualifying based on income. Bankruptcy looks at the income and expenses of the household. So, wife�s income would be taken into account in determining whether husband was eligible.
I trust this answers your question but feel free to call or E-mail on a free initial basis.
Re: will we lose our house?
You would benefit by sitting down with an attorney that does bankruptcy to evaluate your entire situation and advise you.
If we can help let us know. Services available at a reasonable fee.
Re: will we lose our house?
Yes, one party may file a bankruptcy and if the assets are all in the other's name, they are not part of the bankruptcy estate and do not need to be claimed as exemptions. No the wife can't be made to pay the husband's debt, with a few rare and little known exceptions.
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