While we hope the most stressful decisions in our marriages amount to ‘who is picking up the kids from curling practice?’ and ‘what shade of taupe should we paint the foyer?’ chances are that is not going to be the case. Many couples find themselves in the position to file for bankruptcy. This brings up a frustrating and confusing dilemma –do we file jointly or does only one of us file? The decision, of course, is ultimately up to you and your significant other. But, if you are having trouble weighing the pros and cons, consulting your Kain & Scott attorney and running through the breakdown of your debts is the best thing that you and your spouse can do.
Here are some questions and points to think about before meeting with your attorney and making the final decision about filing.
What debts did you and your spouse have before you were married? Debts incurred before marriage are only the responsibility of the person who incurred that debt.
What debts were incurred after marriage? If you and your spouse have joint debts and only one of you files for bankruptcy, the other spouse will be responsible for the entirety of that debt. Debts such as medical bills for one spouse, family or household purchases, or co-signed debts are joint. Both spouses are responsible for these expenses.
These responsibilities may change if you and your spouse are separated. If you and your spouse are living apart or have a separation order, consult a Kain & Scott attorney to discuss which joint debts may be discharged in a bankruptcy.
As always, the best way to get a clear picture of a potential bankruptcy –single or joint –is to request a consultation with Kain & Scott.
Kain & Scott is MN’s NICEST and HIGHEST GOOGLE REVIEWED bankruptcy law firm. Visit www.kainscott.com to learn more or request a free, no-obligation initial consultation today!