Well great, stbX called yesterday:

Says he's going to file bankruptcy. our divorce isn't final yet. We split our debts basically 50/50 with our temporary orders, but he kept spending and spending (one of the reasons for separation). I'm still listed as liable of these accounts. (community property state)

So does that mean if he files bk I get my 50% of our debts and then have to assume the 50% he's claiming BK on?

Is there anything I can do to protect myself?

Been there done that and I'm in a CP state also. Anyway, the short answer is yes. If he files BK, the creditors may come after you. For sure if the accounts are joint.

Suggest you call your attorney and let him know what's happening. If your H is going to declare BK, then I would not agree to a 50/50 split on the division of debt. If the creditors know you agreed to this before he files for BK, I can guarantee you they will come after you for the whole amount. Rewrite the D agreement and ask H to wait until after D to file BK. At that point you've got a 50/50 chance the creditors will not come after you for his debt. It just depends on the creditor. If they do, they need to approve the debt occurred during your marriage and not before or after.

Good Luck.

Same here... I had to pay for all of the debts my exW incurred that we had a joint account with after she filed bankruptcy. Credit cards my exW had that she put me on as a cosigner on the card (without my knowledge) and then filed bankruptcy on... jumped right over to me... and yes they did come after me.

It's a long story and it can and does happen.

You just got some good advice.

Faith1960 is right on the numbers with what was posted.

Talk to your attorney and make sure he/she is aware of what is transpiring in order to protect yourself financially

Stay Strong!

Wallace

Last year I was seeking bk and divorce advice at the same time. I also live in a cp state. I think part of your answer depends on your own thoughts re bk. While you're still married, the joint debt can be handled with just one proceeding for bk. If you dv first, split the debt, and you both opt for bk, each of you would have to file your proceedings separately. Also, the credit card companies won't care if the dv papers say he's 50% responsible. They also won't care if all the money was spent on a speed boat that he kept. They'll come looking to you for money. Now the bk people would care if the money was spent on a speedboat! <img border="0" title="" alt="[Smile]" src="images/icons/smile.gif" /> They're also very interested in money spent shortly before bk is filed.

You could file for a legal separation to prevent further harm to yourself, but you get a double whammy there too because you'd have the expense of dv still ahead of you. And yes, I also recall that if the dv comes first, he files bk first, you can get stuck with the whole amount owed on each joint account. In other words, you have a joint account owing 10K. He files. His name is removed. Your name remains, and so does the 10K liability. If you have an atty and filing bk jointly prior to dv isn't a viable option, you may want to see what impact his filing first would have on you. You may need to beat him to the punch if bk is an option you're considering.

Thank you. He moved out last Jan, I filed in Feb. It is not final yet. Luckily I think I'm pretty much covered between Feb and now.

But I'm totally irritated about the 50% he took then. I guess I knew all along this woudl happen. I recieved an email back from an atty yesterday;

He said that if STBX files for total liquidation I could contest the discharge of the debts I'm a joint owner of. At first I was thinking "boy I hate to do that to STBX, that really messes up his plans".. but you know what? he doesnt' seem to CARE ABOUT ME. I will do that if he actually follows through with filing.

... and no, I don't really consider BK an option for me.

<small>[ August 20, 2003, 07:00 AM: Message edited by: so hurt ]</small>