I am thinking of filling BK seperate from wife, will she be liable for debt?

[Bit_Image]

I have been devorced fro 3 years, since then, I have remarried and because of job loss, I am thinking of filling BK. My current wife already filled BK in last year, BEFORE we were married, because her X defaulted on a home that they had when they were married. At the time, she filled by herself, as she was not married to her X or myself. Last year, we married, and since we have been married, I have openened 2 CC accounts for furnature and such, but only in my name, as her credit is no doubt very poor. My other debt was incured before her and I were married. My question is, could the CC companys go after her for anything after I default on my payments?? Is it possible for CC companys to go after my spouse even though her name was not on the credit application for credit when I applied for it??

[jal1129]

Yes, it is possible they could go after her if you live in a community property state.

[Walnut]

It is very unlikely they would pursue your wife. If she isn't on the application or the BK petition, how would they even know she exists?

[Bit_Image]

I live in Kansas, which is not a communty property state. Also, the debt is ONLY in my name, not hers.

The reason for my question is that I heard that if I were to die, the CC companies could persue my wife for my debt. Is this TRUE???? If so, how does death differ from filling BK in the eyes of the CC companies?

[SinkingFast]

You might really wanna pull your Credit Reports and see how various accts are being reported.

You can go to http://www.annualcreditreport.com and get free copies of all 3 Credit Bureaus' reports on you and your wife.

If wife is an Authorized User on any of your accts, those accts should show that way. AU. But sometimes, the Creditor will report J for Joint instead of AU. On accts where the Creditor believes you are Jointly responsible, those Creditors could go back after your wife.

The safest way to protect your wife from Creditors on any of your accts would be to remove her name as an Authorized User.

As far as whether or not Creditors would come back on your wife if you died,....... You'd really need to check into Probate Laws for your State. Maybe Consult with a few Estate Planning attnys to learn what could happen.

[CindyLou]

It is very unlikely they would pursue your wife. If she isn't on the application or the BK petition, how would they even know she exists?

Actually you have to list anyone you are currently married to or anyone you have been married to in the last 7? years! Its under the same section that ask questions about whether you have sold or transferred any property, etc.