Chandler Bankruptcy Tips - Do I Have to File with My Spouse?

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Chandler Bankruptcy Tips - Do I Have to File with My Spouse?

Posted On : Feb-28-2011 | seen (1224) times | Article Word Count : 567 |

Here in Arizona, we’re a community property state. Unlike a lot of other states is that, when husband and wife are married, their incomes become joint. Also, we’re entitled to half of each other’s debt. So when I get married and I open that credit card up and I start charging on it, even though he’s not using any of the things that I’m buying on the credit card or maybe they’re not even for our house or anything that we share together, he still owns half that debt.

It’s not uncommon in a marriage to have one who is a spender and one who is a saver.

Here in Arizona, as you know, we’re a community property state. What that means is that unlike a lot of other states is that, when husband and wife are married, their incomes become joint. So you’re entitled to half of your husband’s income. My husband is entitled to half of my income. And I’m entitled to half of his income.

Also, we’re entitled to half of each other’s debt. So when I get married and I open that credit card up and I start charging on it, even though he’s not using any of the things that I’m buying on the credit card or maybe they’re not even for our house or anything that we share together, he still owns half that debt.

So I can file on my own without my husband. However, the court because, again, we’re a community property state, will look at half of his income and contribute it to my income.

So given the guidelines--and there are minimum income requirements that you can’t go above in bankruptcy---if I meet that, then I can file bankruptcy. If I don’t meet that, then I’m not able to file bankruptcy at least in the Chapter 7, which is liquidation of debt. I may have to look into a Chapter 13, which is the organization of debt, and can take several years.

So the quick answer is, yes, you can file without your spouse. But the long answer is is it really a good idea? And the reason I say that is because, when we were talking about community property owning half of everything…

Say for example, I go and I file. And a file a 7. I qualify for liquidation of my debt. My bankruptcy is over in four months. And I’m pretty excited because I don’t owe on those credit cards any longer, and I can get back on my feet. Now I’m going to save.

And I’m going to take some different steps. Maybe not charge as much. I’m going to build my credit back up, of course, and use my credit cards. But I had kind of gotten myself in a place where I can pay my credit cards off every month.

The next step that can happen is my credit cards that I only use during my marriage are now calling my husband and trying to collect on the debt. Because I might have discharged my part of the debt, but he never discharged his part of the debt. Meaning it never went away in bankruptcy. It still stayed with him because he didn’t file.

Creditors will come after spouses who don’t file bankruptcy.

So I would look at the issue and make the decision, again, by talking to a bankruptcy attorney. But your first step in looking to that when talking to your attorney is determining did I get this debt before marriage or during marriage? If it was during marriage, I caution you to both file in order to insure that you get rid of the debt completely.

Again, a good bankruptcy attorney is going to be able to walk you through that and make a determination if both spouses should file or just one should file.

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<h1>Chandler Bankruptcy Tips - Do I Have to File with My Spouse?</h1> Author: <a href='http://www.articleseen.com/profile_Christy Thompson.aspx'>Christy Thompson</a> It’s not uncommon in a marriage to have one who is a spender and one who is a saver.

Here in Arizona, as you know, we’re a community property state. What that means is that unlike a lot of other states is that, when husband and wife are married, their incomes become joint. So you’re entitled to half of your husband’s income. My husband is entitled to half of my income. And I’m entitled to half of his income.

Also, we’re entitled to half of each other’s debt. So when I get married and I open that credit card up and I start charging on it, even though he’s not using any of the things that I’m buying on the credit card or maybe they’re not even for our house or anything that we share together, he still owns half that debt.

So I can file on my own without my husband. However, the court because, again, we’re a community property state, will look at half of his income and contribute it to my income.
 
So given the guidelines--and there are minimum income requirements that you can’t go above in bankruptcy---if I meet that, then I can file bankruptcy. If I don’t meet that, then I’m not able to file bankruptcy at least in the Chapter 7, which is liquidation of debt. I may have to look into a Chapter 13, which is the organization of debt, and can take several years.

So the quick answer is, yes, you can file without your spouse. But the long answer is is it really a good idea? And the reason I say that is because, when we were talking about community property owning half of everything…

Say for example, I go and I file. And a file a 7. I qualify for liquidation of my debt. My bankruptcy is over in four months. And I’m pretty excited because I don’t owe on those credit cards any longer, and I can get back on my feet. Now I’m going to save.

And I’m going to take some different steps. Maybe not charge as much. I’m going to build my credit back up, of course, and use my credit cards. But I had kind of gotten myself in a place where I can pay my credit cards off every month.

The next step that can happen is my credit cards that I only use during my marriage are now calling my husband and trying to collect on the debt. Because I might have discharged my part of the debt, but he never discharged his part of the debt. Meaning it never went away in bankruptcy. It still stayed with him because he didn’t file.

Creditors will come after spouses who don’t file bankruptcy.

So I would look at the issue and make the decision, again, by talking to a bankruptcy attorney. But your first step in looking to that when talking to your attorney is determining did I get this debt before marriage or during marriage? If it was during marriage, I caution you to both file in order to insure that you get rid of the debt completely.

Again, a good bankruptcy attorney is going to be able to walk you through that and make a determination if both spouses should file or just one should file.About the Author: To get additional information on debt settlement and bankruptcy options please visit our web site. We would also like to offer you a free online debt evaluation. You can claim your free online debt evaluation at <a rel="nofollow" href="http://arizonalegaladvocacy.com">http://arizonalegaladvocacy.com</a>.

Christy Thompson, your <a rel="nofollow" href="http://arizonalegaladvocacy.com">Chandler Bankruptcy Lawyer</a>. Article Source: <a href='http://www.articleseen.com/Article_Chandler-Bankruptcy-Tips-Do-I-Have-to-File-with-My-Spouse_54236.aspx'> http://www.articleseen.com/Article_Chandler Bankruptcy Tips - Do I Have to File with My Spouse?_54236.aspx</a>

Article Source : http://www.articleseen.com/Article_Chandler Bankruptcy Tips - Do I Have to File with My Spouse?_54236.aspx

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To get additional information on debt settlement and bankruptcy options please visit our web site. We would also like to offer you a free online debt evaluation. You can claim your free online debt evaluation at http://arizonalegaladvocacy.com.

Christy Thompson, your Chandler Bankruptcy Lawyer.

Keywords : chandler bankruptcy lawyer, chandler bankruptcy attorney, mesa bankruptcy lawyer, mesa bankruptcy attorney, gilbert bankruptc,

Category : Finance : Debt Consolidation

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