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We want to divorce and hubby wants to file bankruptcy


andycobb01
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My husband and I have an odd situation going on. We no longer consider ourselves man and wife and plan to divorce, but have put if off as he has cancer and I do the day to day chores. He wants to file bankruptcy as his income has been greatly reduced (by half) and the debt, home... are in his name only. I do not need to file. Though only one of us will be in the bankruptcy, combined we do not pass the means test (he passes by miles on his own). We figure we HAVE to divorce now. Will the timing of a divorce affect his bankruptcy if he files next year? Only reason he has to wait is we don't have the money to file right now.

Here is the other thing. I want to remain in the home to help pay bills for now. Once his bankruptcy is discharged I can move out. I don't know if we can even do this. I just don't want him spending the rest of his life with this debt. Yes he made his financial issues, but who knew cancer would creep in.

We are good friends so are trying to make this as painless as possible.

Just a big mess. I don't want to seem heartless, but I could simply move on, file, and let him deal with it. Just not who I am.

Thanks for any advice. We currently getting all info together for him to take to his free consult.

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Very true about foreclosure. He actually does not want to lose the house. He wants to get a roommate/helper. Wow... so even if he had a "roommate", he would have to include both incomes? I might as well file with him, but I have no debt! And if he were to go CH 13, why should MY money pay his debt. This is absurd. We are trying to do the right thing, but I will get screwed. Thank you... he goes for a consult next week.

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WHy do you keep saying you'll have to file with him even though you have no debt?

Don't let his financial issues become your problem. Stop paying the mortgage and just move out. Depending on your state law, it'll be many months to prehaps years before the bank gets around to foreclosing.

Most bk layers will give a afree or lowcost initial consulation. SPeak with a few and see what they suggest.

While your income must be disclosed, you also deduct all expenses you are liable for in order to get an idea if, there is enough income to fund a Chaper 13.

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No... Not saying I have to file, but yes have to include my income. We have decided to seek marriage counseling (his illness and the debt are surely the main factor in the strain of our marriage), but he is still filing bankruptcy. We DO NOT want to lose the house. No where else to go. We have negative equity so hoping to get 2nd stripped. We have separate checking accounts and I place only a certain amount of my check into his... for household expenses. I've done a lot of reading and just now realized we can deduct what I pay for outside of the household stuff. This is still all scary.

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