Legal Question in Bankruptcy in Texas

Re: bankruptcy

Not really.

While Texas is a community property state, the rules for debt are different. Except for debts for necessaries (food clothing, shelter), just because you are married does not make you responsible for the debts your spouse incurs while you are married.

However, in a Chapter 7 bankruptcy, the debtors nonexempt assets are given to a trustee who sells them to pay the debtors liabilities. If you have nonexempt assets with your spouse, you will be affected as the trustee will be trying to sell her half.

Even if you have no non-exempt assets, ome or all of your wife's creditors, will try get you to pay for her debts, even though you have no legal obligation to pay them.

Since it does not cost any more money, you should seriously consider a joint filing.

Since bankruptcy has become much more complicated, you should retain a bankruptcy attorney to help you through this process.