my debt but joint checking and savings

[sadandconfus]

I did search but was not sure. How will the trustee treat our checking and savings, will they ask for the whole account since I will file by myself or can they only come after 50% since its a joint account. If the car is just under her name on the title, what happens to that? this is just my debt, my wife was an authorized user but only made little purchases on the credit cards.

[JRScott]

Depends on a lot of things really.

First do you live in a community property state?

[sadandconfus]

Depends on a lot of things really.

First do you live in a community property state?

we are not in a community state.

[AngelinaCatHub]

Here in Florida if you are on a checking account, you own it 100% and your cosigner owns it also 100%. There is no split up in a joint account in Florida. 'Hub

[JRScott]

Well in that case you will still need proof of whose income went into the account. Indeed you might see the whole account frozen and then have to get the other funds unfrozen.

It might be better to have the wife open an account at a bank you have no debt with or other accounts and put her money into it so there is a clear dividing line. If she has direct deposit she might have to have a split deposit where some goes to the joint account to cover what she pays on household bills while the rest goes to a private account.

[sadandconfus]

so you are saying if an asset is listed under her name, they won't be able to touch it. for example a car that she owns and was titled in her name 5 years ago or a cd that she opened up years ago with just her name.

[JRScott]

Yes so long as not a community property state and the transfers happened 2 or more years ago or were acquired before the marriage then it should be safe.