Legal Question in Bankruptcy in Wisconsin

I don't want to be responsible for my husband's debt

My husband and I are separated but not legally separated. He's going to file bankruptcy. About $13500 of his medical expenses debt was aquired before we got married and about $1500 of his medical debt after he moved out. I am a financially steady person, I always pay my bills on time, I have quite a lot of money on my checking accout ( his name is not on it). I bought a car after we got married which is in my name only too. Will I have to pay his debt, lose my money and my car considering that Wisconsin is a community property state? Will filing for a divorce help me? If yes, does it matter if I file before or after he goes bankrupt?

Thank you very much.


Asked on 6/10/04, 12:47 pm

1 Answer from Attorneys
Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: I don't want to be responsible for my husband's debt

Hello,

When issues of debt become mixed with divorce, two fairly complex matters become more so. It is not possible to give you a reliable legal opinion

via email. My initial impression is that it depends on whose name the debt is on. That means more to a creditor than single, married or divorced. For divorce purposes, debt acquired during marriage is 50/50, as to who will be responsible to pay for it, regardless of whose name it is in.

The advantage of filing for divorce is putting a limit on any future debt your husband accrues. I am not sure if it makes that much difference if you file before or after bankruptcy, though if you file before, the bankruptcy will stop the divorce till it is over. Again, it would be good to review these options with a lawyer. Get a couple of opinions from attorneys and the choose one.

Best wishes, Mark J. Mahoney

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Answered on 6/10/04, 11:15 pm


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