Married not filed jointly

[sportster]

Hi folks, I'm new here. My wife has 80K in unsecured debt. Payments have not been made in 6 months / 1 year. We are married, and our home is in her name. Mortgage is current. Under the new laws, is it still possible to file as a married individual but singly? I am aware that my income has to be considered, but what about my assets? If I have too many assets, (cars and motorcycle), will this result in a Chapter 13 case/conversion? Thanks in advance.

[StaciMM]

Your income/assets will most likely affect her BK. Also-is your state a community property state? If so-the creditors can come after you even if you are not on the accounts.

[sportster]

I am not in a community property state.

[FoolAndHisMoney]

She can file just by herself and it shouldn't affect your assets if you're not a C.P. state, but ask a lawyer. For the purposes of the means test you have to list both incomes just to determine the median income. After that it will be based on only her income. The schedules i & j will determine her actuals and how much you are contributing.

[sportster]

Since these laws are so new, is it going to be likely that a lawyer might be a little nervous filing a case like that? Also, on the means test, can I exclude most of my income on the "Marital Adjustment" line, since I do not specifically contribute income to her. I have my own set of obligations that I pay, out of my own checking account. Her checking account I am joint on, but I seldom deposit any money in it.

[StaciMM]

Good questions, Sportster, but it's hard to venture a guess when things are still new and being interpretted.

[sportster]

bump - anyone else?

[StaciMM]

Best bet at this stage would be to interview several attorneys, and to research recently filed BK cases (if you can find some in your district) that are similar.

I don't know your situation-so don't know if your wife has flexibility in when she files. The more time that goes by under the 'new' laws, the more stable things will be. The attorneys, trustees, etc. are all still figuring things out. In 3-6 months, they'll be better grounded.

[bkfiler]

the 'Marital Adjustment' line on is where you enter the amount that the non-filing spouse contributes to the household expenses.

[FilingOnMyOwn]

Hi folks, I'm new here. My wife has 80K in unsecured debt. Payments have not been made in 6 months / 1 year. We are married, and our home is in her name. Mortgage is current. Under the new laws, is it still possible to file as a married individual but singly? I am aware that my income has to be considered, but what about my assets? If I have too many assets, (cars and motorcycle), will this result in a Chapter 13 case/conversion? Thanks in advance.

You can file separately but if you filed jointly the the past its possible you may be held responsible for some of the debt as well as your property at stake. I don't know where you live, you need to consult with some attorneys.

[sportster]

You can file separately but if you filed jointly the the past its possible you may be held responsible for some of the debt as well as your property at stake. I don't know where you live, you need to consult with some attorneys.

What do you mean filed jointly in the past? Never filed BK before, and the debts are in her name. We are NOT in a community property state.

[FilingOnMyOwn]

What do you mean filed jointly in the past? Never filed BK before, and the debts are in her name. We are NOT in a community property state.

I've heard of something like once a married couple files a joint tax return, they can both be held accountable for each others debt. I've seen suze orman talk about it on her show.

[sportster]

I've heard of something like once a married couple files a joint tax return, they can both be held accountable for each others debt. I've seen suze orman talk about it on her show.

I've never heard of such a thing.

[FilingOnMyOwn]

I hadn't either.

[sportster]

That must only apply to community property states.