Q: Do I need to separate myself from my husband on all assets or file bankruptcy together?
He is a co-applicant on a trailer home. It is in process of being repo-ed. This was acquired b4 we were married. The mortgage co says that they will come after him. Can they go after our bank acct? He is not-employed and I make the income for the household. Do we need to file bankruptcy or separate ourselves on the bank accounts?
A: If your husband cosigned on the mortgage for the trailer home, unfortunately, he is jointly liable with you on the note. Although the property is purchase prior to the marriage this is not an issue of community or separate property where a person co-signed on a debt. In regards to the banks recourse, under Texas law there are restriction on what the bank may do to recover the debt you owe them. Specifically, they may place an attachment on your bank account, but only after they file a law suit. Similarly, if you have a bank account with the same bank who holds your mortgage, they may offset directly out of your bank account. I apologize I cannot give you more specific answer until I get more specific facts of your case. Bankruptcy is a definite option that is available to both you and your husband. Whether or not you should file together or just 1 person depends on the overall debt as well as how you want to deal with your mortgage company. Consult a bankruptcy attorney in your local area to determine what may be best for you and your family. If you are in Houston, I am a bankruptcy attorney here in Houston. Refer to my profile to get my information.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
