Will my spouse's bankruptcy affect me?

Business 2 views 4 answers
I was in the process of purchasing a home, but did not close on the home until after I was married. My spouse is not on the mortgage but is on the deed. If he files personal bankruptcy, will this affect my home and assets?

Attorney Answers

4
Scott Riddle ·
He owns half the house, so he will list that as an asset in his case. Since that is the only thing you mention, there is no way to know others ways you might be affected. One way to find out is to go to the meetings with lawyers with him. As a married couple, you are in this together to some extent anyway so you should know the process.
0 upvotes
James F. Feuerstein IIIBankruptcy AttorneyTavares, FL ·
More information is needed to give you a complete answer. Under Florida's Homestead Exemption Constitutional Provisions, your home is exempt from creditors and the bankruptcy trustee. You personal assets, as well as any assets acquired during the marriage would be exempt as well. There should be no issues relating to reaffirming the mortgage, because he is not on the mortgage. It would be highly recommended that you meet with your husband's bankruptcy attorney and discuss the process to you can be informed about how the process might affect you.
0 upvotes
Kevin Gleason ·
His bankruptcy should not affect your home or assets, so long as he claims his interest in the homestead as exempt and no one timely objects. FYI, he is probably "on the mortgage" but not "on the promissory note."
0 upvotes
William Kopp ·
The short answer is "no." However, they will look at your joint income and based on how you have things like cars titled, you could be affected. Make Sure, and I can't say this enough, he needs an attorney!
0 upvotes

People Also Asked