Q: If I am ordered responsible for 50% of marital debt during a divorce, can I file bankruptcy if debt not in my name?
All debt in my wife’s name and we are divorcing. If I am responsible for 50% of marital debt and she is filing bankruptcy, how do I file for my half of the debt if it’s not in my name?
A:
I had this issue in a case in Oklahoma, involving a Colorado bankruptcy, and a Florida divorce.
Your divorce decree/property settlement agreement most probably allocates responsibility for the marital debts, and that is what includes you as a responsible party to the debt. But your obligation runs to your ex-wife, i.e., to hold her harmless for your half of the debt.
Yes, you can file for bankruptcy relief, but be sure to name your wife as a creditor so that your "hold harmless" obligation to her is discharged.
I assume here that your divorce obligations to wife will be determined to be "by way of property division", and not as "support". Property division obligations are dischargeable; support obligations are not, and can only be modified by the domestic relations court.
Timothy Denison agrees with this answer
A: Your bankruptcy attorney needs to review the court Order and any related property settlement agreement to be certain. However, if this was simply a division of property and not an alimony or "support" order, it would be dischargeable in a Chapter 13 bankruptcy bit not in a CHapter 7 bankruptcy. There's an excellent consumer bankruptcy attorney in Knightdale NC that you should have a personal consultation with as soon as possible. If you google bankruptcy attorneys in Knightdale NC or possibly search in this directory you should find him.
Timothy Denison agrees with this answer
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