married but filing ch.13 alone

[up2myeyeball]

Hello all,

I have a dilema. Here' my story. I'm married but separated but were trying to work it out. We own a home in Vegas and she's been living there for the last 3 months. I live in San Francisco. Right now she's working for a temp agency and doesn't really have a steady income. We have two mortgage on our house. She pays the larger amount and I pay the lower amount. She's having problem paying her monthly bills but she is getting by.

Anyway, I am filing a chapter 13 since I am up to my eyeball with credit bills. On the other hand she doesn't want to file so I am filing separately. We have no joint credit except for the house. There is no equity on the house as far as I know since the house market went down.

I guess, what I'm asking is. How is that going to work? Meaning, will they go after her? Is it possible to file chapter 13 by yourself even if you are married? What's going to happen?

I myself already have a bk lawyer but at our initial meeting I told him that we are separated. Which is true. The lawyer wants me to file for legal separation and then she would be liable to pay all the mortgage. I don't want that to happen so I still want to be able to help pay the mortgage. Is it possible even if I file Chapter 13 myself?

I will be calling the lawyer to see how that works but I would like for someone here in the forum who has the same problem I have that could answer my question first.

Thank you for reading my post and any help or advice you can give.

Ray

[lrprn]

I am filing a chapter 13 ... she doesn't want to file so I am filing separately. We have no joint credit except for the house. There is no equity on the house as far as I know since the house market went down.

How is that going to work? Meaning, will they go after her? Is it possible to file chapter 13 by yourself even if you are married? What's going to happen?

It is very possible to file Ch 13 alone even if you are married.

Your biggest problem is going to be filing alone when you both share financial responsibility for the house. Is there a written and witnessed agreement regarding the two mortgage loan payments 0- perhaps as part of a legal separation agreement? Whose names are on each of the mortgages? Whose names are on the house deed?

Do you have other mixed finances? How about your cars? Financial accounts?

[up2myeyeball]

It is very possible to file Ch 13 alone even if you are married.

Your biggest problem is going to be filing alone when you both share financial responsibility for the house. Is there a written and witnessed agreement regarding the two mortgage loan payments 0- perhaps as part of a legal separation agreement? Whose names are on each of the mortgages? Whose names are on the house deed?

Do you have other mixed finances? How about your cars? Financial accounts?

Both our names are on the mortgage loan payment and in the house deed. The only other account with our name together is a bank account which only have about $200.

Thanks,
Ray

[isitreal]

Are the house payments current? If so, I don't think it would be that big of a deal.

If not, then they would pursue her for the amount that is behind.

[up2myeyeball]

As far as I know, yes. It is current.

I've just spoke with the lawyer's secrectary. Anyway, they just want my wife's pay stubs for the last six months and to fill out a monthly expese. Hopefully that is all they need.

Ray

[James H]

I'm married but filed separate. Like you said, they wanted 6 months of pay stubs from my wife, a copy of all her bills, a copy of her car title and a copy of her taxes for the past 3 years.


the only thing that came up was we had my wife's credit cards down as expenses and the trustee said he didn't like seeing that her credit cards are getting paid in full and I was filing so he upped my payment to include what she pays each month in credit cards

So if I had to do it again i would have never even reported her credit cards and just upped all my other expenses.

The whole process was completely painless for my wife, she didn't really have to do anything and it shouldn't affect her at all.

[up2myeyeball]

Thanks James, I will keep that in mind. They didn't ask for copy of her bills nor a copy of her car title. Hopefully they don't since it will be hard for me to get it since my wife doesn't like to disclose to me how much she owes.

Anyway, the car is not worth anything by all means, it's a 1990 Nissan Sentra.