Legal Question in Family Law in Washington
Threat of Bankruptcy
My son in WA and his wife just decided to divorce. She is saying she is going to file for bankruptcy. Can she do that while they are still legally married? Also, my son's name is not on any of the loan documents for their mortgage but he is on the title for the house. Is he obligated for half the debt of the mortgage, or can he sign over his interest in the home? Can he prevent her from filing for bankruptcy until their divorce is final? There are no children and it's a 2 year marriage. She also borrowed a large sum from her parents for the house. Is he obligated to pay half of it back?
1 Answer from Attorneys
Re: Threat of Bankruptcy
Yes, she can file bankruptcy. If the loan was initiated during the marriage (and before the date of separation), it is a community obligation. The debt would be considered along with other debts and assets of the marriage and separate debts and assets in an equitable distribution, i.e. half and half may not be the way it all gets distributed. I'd need much more detail to be able to do anything other than make an uninformed guess at how assets and debts would be distributed. I generally recommend that a person retain counsel if they have something significant to gain or lose.
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