Include a joint filer after Divorce

[fjsteven]

I live in a community property state. I am recently divorced and will be filing chapter 7.

I am filing my ex-wife is not.

Do I list her as a joint debtor?

Thanks!

[justbroke]

If her name is included as a joint-debtor/co-guarantor on anything, then yes!

[HHM]

If you are not married, she cannot be a co-debtor with you in bankrutcy, so you would not list her on the first page of your bankrutpcy petition as a joint debtor.

If you are talking about on the schedule of creditors, then if you have a joint account, your spouse would be a co-debtor.

[justbroke]

(Thanks for a clarification of what I wrote HHM! Didn't think about that aspect of the forms.)

[CH33 Paralegal]

yeah, you can only file a single case and get your name relieved from the debt. Anything you have that is cosigned with your ex-wife, or anybody for that matter, is still a debt for the other names. It's not the debt that is wiped away, it's just YOUR responsibility for it. Anything with your ex's name on it will continue to be a debt for your ex.

If you guys are still in the same household, that is definitely something to think about.

Your ex is entitled to file her own BK...POTENTIALLY....and can get the same relief.

So to sum it up...she can't be on the BK, but you need to put her and any other co-debtors on schedule H