How does it work when your married?

[lee72]

I am filing on my own My husband chose to do a debt management program. He only works-not me. How will it work with the income etc? I basically get an allowance every week and he just told me that he is not paying my bills anymore. This is why I want to file. Does anyone know how it works?

[happycarl]

You are married, living together? ALL INCOME WILL COUNT in determining if you are eligible to file a Chapter 7 or must go into a Chapter 13.

You need to consult an attorney, you may have outside issues besides just bankruptcy ones that need to be considered and addressed.

Your husband gives you an allowance? OK

[lee72]

How will they consider it though? Will they look at all his bills etc.? Everything is in his name-the home,the car etc.. So I have no assets-it's all in his name. The only thing I have in my name is this credit card debt. I'm just wondering because of the means test. I live in NY and have a family of 4.

[happycarl]

How will they consider it though? Will they look at all his bills etc.? Everything is in his name-the home,the car etc.. So I have no assets-it's all in his name. The only thing I have in my name is this credit card debt. I'm just wondering because of the means test. I live in NY and have a family of 4.

Honestly, I am not sure. I live in a community property state where almost ALL property is jointly owned by husband and wife.

I know you can file bankruptcy separate from him, but the technicalities of it I am not sure of as they relate to New York.

I know when my domestic partner and I filed out SEPARATE BANKRUPTCY PROCEEDINGS last year, I filed a chapter 7 and he filed a chapter 13, I had to list IMPUTED INCOME from him and show the value I received individually on the means test that I filed in my case, even though I was not actually receiving cash. I also know that he could NOT list me as a dependent on his means test and chapter 13 plan.

Perhaps there are people from New York on this board that can offer you more specific information and I would for sure seek the advice of an attorney. I feel certain that there are attorneys there that offer free consultations just like there are in Texas.

[lee72]

Ok thanks-does anyone know how it works in NY?

[SinkingFast]

I'm not really sure how it would work, Lee. Even tho we've had several Members here file separate from their spouse or partner, all of them has had a job outside the home.

If you were working,............ Hubby's income would be included to start, then backed out later. You would deduct your portion of the monthly living Expenses from your Income. Since it sounds like you have 2 children, maybe you'd claim one for BK and Hubby would claim the other.

Since you do not work outside the home, I'm not really sure how filing seperate would work.

I'd strongly recommend you make several appts for Consults with attnys that specialize in BK. See what they have to say.