Ch 7 when wife wont.

[gmpeli]

I want to file ch 7 but wife wont. If I file to discharge overwhelming credit card debt what is the status of our joint property(house, van, household appliances)?

[MomIcantFindmy]

There are some more questions here. Do you live in a community property state? Is the debt in both of your names? If you file there then you would be legally no longer responsible for the debt. Your wife however would still be responsible for her debt and possibly the joint debt. We would need more information to answer your property questions. Such as is the property exempt, owned by both you and your wife, would you be reaffirming etc.

[gmpeli]

House is paid for worth 75 g, it has 71,000 lien on it from sba disaster loan. I want to only discharge credit cards that our in my name. We own a van jointly worth 8000 that is paid for. Make payments on camry that we owe 9000 on, jointly held,. And what about savings bonds in her name only? This is not a community property state.

[momof5]

Not to get to personal but is there a specific reason she wont file with you?

I know its not uncommon for only one spouse to file and not the other but it definately complicates things a bit. From what I have read here depending on your state anything that she has that is an asset would be included as though it belonged to you as well.

If you can offer just a tad bit more info(state) I am sure someone on here can help you much better.


EDIT to add: Oops.... I see your name shows the state.

[gmpeli]

In mississippi, this si not a community property state. Equity in house is 4000 because of sba lien. Question is does property listed as joint have to be liquidated if only one person declaring ch 7?