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Innocent spouse?

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    Innocent spouse?

    Good morning. I was recently married, last month. Before I got married, several months before, I became behind on my bills due to a high child support payment and sagging employment prospects. I had paid a bankruptcy atty to help me file Ch 7, but have yet to file since I still owe him $700. I will file after 1/1. My new wife is just emerging from bad credit and owns her house and car outright. I have a few vehicles and some tools in my name, but not much else. Will her assets be at risk if I file, even though they were hers before we got married? I live in NC. I am trying to avoid yet a second divorce to protect her.
    Last edited by fatlilbeagle; 12-22-2006, 07:30 AM. Reason: Clarification of my assets

    #2
    Since you're so recently married, have you even gotten to the point of putting your name on her property??!! If your name isn't on it, then Wife owns it free and clear. No jeopardy to her property from you filing BK.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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      #3
      Thank you so much

      No, and we intend to keep my name off of all of her assets. Thank you so much for the reply, it made my day.

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        #4
        As long as she does not put your name on her property, bank accts, CC's, and such, her property should not be up for grabs should you decide to file BK.

        The longer you are married, tho, the greater the chances are that your Credit will become comingled.
        Filed Ch 7 - 09/06
        Discharged - 12/2006
        Officially Declared No Asset - 03/2007
        Closed - 04/2007

        I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

        Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

        Comment

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