Q: My husband and I are separated in process of divorce which is not final. He has filed bankruptcy recently. Do I need to?
A: Depends if you are joint or cosigned on any of his debts. If so, although he would be free and clear of those debts, you are not. the creditor may and most likely will come to collect from you as the cosignor. Contrarily, if your divorce decree states that he is to assume all liability on a certain debt, than it is up to him to make sure the transfer occurs to the extent that your name and liability is off that debt. If that doesn't happen and your spouse files for bankruptcy, you do have recourse against your spouse by filing an adversary in his bankruptcy case on the ground that the debt is non-dischargeable pursuant to the divorce decree and bankruptcy code. Consult an experience bankruptcy and family law attorney who may advice you on the complexity of your legal issue.
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