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What if only one spouse files?

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    What if only one spouse files?

    My name is on nothing- if it comes down to it and we have to file, I'm wondering if we would have to file jointly.

    My name was on the deed of the house that foreclosed, not the loan. I had a card in my name on his cc's, but never signed anything requesting one. They never got my ssn for anything.

    thanks!

    #2
    I think this depends on what state you are in and if it is a community property state.
    Disclaimer: Young, NOT Dumb.(._.) The plan: $480 monthly for 60 months at 100%. 07/12/08
    Motion to Discharge: FILED!! 08/07/13
    60 down/0 to go \m/(*.*)\m/ 100% complete!

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      #3
      I don't think you'd be required to file jointly. However, if only one of you files, they will take the other's income into consideration.
      DH laid off 3/08 | Last mortgage payment 12/09 | Filed Ch13 5/10 | Converted to Ch7 7/10 | 341 held 8/10 | AP filed by secured creditor 10/10 | Ch7 discharged & closed 11/10 | Foreclosure 10/2011

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        #4
        I know my wife was not on my credit cards, but when I defaulted, and they went to collections, both our credit reports showed the charge offs. We are in Florida.

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          #5
          Quote by jasonfsu002:'I know my wife was not on my credit cards, but when I defaulted, and they went to collections, both our credit reports showed the charge offs. We are in Florida.'

          I don't doubt what you are saying, however... I don't understand it.
          I think your wife should certainly contact the credit bureaus and file disputes in order to have the 'stuff' removed.

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            #6
            Originally posted by jasonfsu002 View Post
            I know my wife was not on my credit cards, but when I defaulted, and they went to collections, both our credit reports showed the charge offs. We are in Florida.
            Frequently the credit reports will show the account and payment history for someone who is an "Authorized User" of an account. I have had this happen when applying for a loan. My mom made me an authorized user of her CC so that I could do stuff like buy her airline tickets online and such. Well, her $15k balance and corresponding payment showed up on my credit report, even though all she did was make me an authorized user.

            If you look on the full credit report, it should indicate that somewhere (typically with an "A" as the designation).

            If that is not the case, you should do as previous poster said and contest that entry on the credit report.

            One nice thing that I noticed about being an authorized user is that once I was removed as such, the account (and all corresponding account history) totally disappeared from my credit report.

            Also, as a side note - this is how "Credit Fix" companies used to help bump up sagging credit scores. They would make someone an authorized user of an account with a zero balance and high credit limit (typically for a high fee). You would never really get access to the account, and as just an authorized user, you had no rights to do anything with the account without having an actual credit card in hand. This trick would make your debt utilization look artifically low and quickly improve your FICO score. I think the scoring system changed a few years ago to prevent this, but just something I learned when I was dealing with a similar issue to yours!

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              #7
              The debt is on my credit report. I'm going to ask to have it removed.

              Should have made that part of the offer with Discover...but lesson learned for the next one.

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                #8
                Originally posted by lovemybugs10 View Post
                My name is on nothing- if it comes down to it and we have to file, I'm wondering if we would have to file jointly.

                My name was on the deed of the house that foreclosed, not the loan. I had a card in my name on his cc's, but never signed anything requesting one. They never got my ssn for anything.

                thanks!
                Get a copy of your credit report NOW. See if your name is connected with any of your spouse's debt. If it is and you wish to discharge it, you will probably have to participate in the ch13. As a single, married filer, there are major advantages. So check it out and see a couple of BK attorneys (free consults).

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