Filing jointly.

[Ineedhelp2]

Most of the debts are in my name, some are in my wife's and some are joint?

Can we combine them all and file jointly for everything?

[lrprn]

Most of the debts are in my name, some are in my wife's and some are joint?

Can we combine them all and file jointly for everything?

Yes, everything can be combined - this is exactly what my husband and I did for our Ch 13.

Don't know if this is possible in your case, but if your joint debts and her debts are manageable by your wife, it could be better for you to file alone. Your lawyer should be able to tell you what combination is best for your situation. Keep us posted on what you decide to do and good luck!

[Ineedhelp2]

If we want to use chapter 13 to help with back payments on our mortgage and avoid foreclosure, will we have to file jointly?

Can a lean be placed against jointly held property if the debt is incurred by only one?

[Jman30]

If we want to use chapter 13 to help with back payments on our mortgage and avoid foreclosure, will we have to file jointly?

Can a lean be placed against jointly held property if the debt is incurred by only one?

Is the mortgage in both your names?

[lrprn]

If we want to use chapter 13 to help with back payments on our mortgage and avoid foreclosure, will we have to file jointly?

If your house is jointly owned by both of you (the question Jman asked and it's the crucial question here), then yes, you must file together to protect your house. If your name is the only one on the house loan, then you can file alone and protect the house through Ch 13 without your wife having to file. However, without knowing more about your financial situation and what other debts you two have, it's impossible to say what the right thing for you to do is.

Can a lean be placed against jointly held property if the debt is incurred by only one?

If the property is jointly held, if payment is sufficiently in arrears, then the lender can go to court to get a lien placed on the property for non-payment. It doesn't matter who incurs the debt.

Hope this makes sense. If it doesn't, please ask more questions and we'll try to clarify.