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Bankruptcy Without Spouse

Submitted by on Thu, 07/18/2013 - 23:37
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I have a question about bankruptcy in WA State.

Can one spouse bankrupt without the other?

The person has no income/job, and high credit card debt only in
his/her name. Spouse doesn't know about the credit card debt.


I might have to file for a divorce then file for bankruptcy so the bankruptcy does not effect my spouse who knows nothing about this bad debt.


Submitted by on Thu, 07/18/2013 - 23:49

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I beleive Washington is a community property state. If so, your debt is your wife's debt and her debt is your debt regardless of who signed on the dotted line (there are 2 exeptions to this) or if the other spouse knows about it.


If your wife does not file bk with you and, at some point the community ends (divorce or death), a creditor can go after her. Your bk will protect her if she does not file until the community is severed.

Your failure to communicate with your wife is troubling and as Lady states, you probably need some marriage counseling. My opinion is that you confess your "sins", together meet with a bk attny and go on from there.

Des.


Submitted by despritfreya on Fri, 07/19/2013 - 04:40

despritfreya

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