Filing for Bankrutpcy and Consequences on Spouse's Credit
I am thinking of filing for bankruptcy, how will this affect my wife's credit?
My wife and I live in Florida. I am thinking of filing for bankruptcy to alleviate credit card debts, all of which were issued to my name only. Will this affect my wife or her credit in any way?
By
Mark Cappel
Published: Mar 31, 2009
In many cases, one spouse can file for bankruptcy protection without having a negative impact on the other spouse. Because Florida is not a community property state, any debts that are in your name only are likely your sole responsibility, meaning that you may be able to file a personal bankruptcy to discharge these debts without affecting your wife’s credit or assets. On the other hand, if you are filing for bankruptcy on joint debts, your bankruptcy filing may cause creditors to pursue your wife for payment, since she would probably still be liable for the debt. Also, if you and your wife own any joint assets, the bankruptcy court may force you to sell those which are not exempt under federal and Florida law. Bills.com offers a state-by-state list of assets which may be exempt from sale by the bankruptcy court.
As for your wife’s credit rating, your bankruptcy should have no appreciable effect on her credit profile, as long as she is not listed as a cardholder or authorized user on any of the accounts which you are planning to include in your bankruptcy case. If she is a cardholder, the creditors could pursue her for payment after you liability is discharged. If she is only an authorized user, she is not liable to pay the debts, but they could still be reported on her credit profile, which could significantly reduce her overall credit rating. To read more about credit, credit reporting, and credit scores, you should visit the Bills.com credit page.
Since you are considering filing for bankruptcy protection, I strongly encourage you to consult with an experienced bankruptcy attorney in your state to review your family’s finances in detail to make sure that a bankruptcy filing will not have any unintended consequences for you or your wife. To read more about bankruptcy, I encourage you to visit the Bills.com Bankruptcy Information page.
I wish you the best of luck in finding a solution to your debt troubles, and hope that the information I have provided helps you Find. Learn. Save.
Best,
Bill
4 Comments
Debt review will have no negative effects on your credit score. Credit counseling may affect your credit score. A consolidation loan should not have a negative effect, if you pay off the loans/credit accounts that you are consolidating.