Seperating

[smith2b555]

I am seperating from my husband because of fighting over the debt. I will move into our rental property and he will stay in our other home. He is taking the debt in his name and I am taking the debt in my name that is on CC's. I want to file chapter 7 after we split. My question is do I have to wait until we are divorced or get a legal seperation to exclude his income? How soon could I file? If I wait until after the divorce, will he still be able to keep one of the houses even though the loans are in my name. the house he is staying in has his name on the deed but not the loan. The rental property is in my name on the loan and deed. There is very little to no equity in either home. We have two cars, he is keeping one and I the other. One is leased and in both our names. The other is older and worth about $2500.I think because of the excemptions in my state all the property would be exempt including the cars. I am a little skeptical though. I don't want to leave him without a home or vehicle if I decide to file. Would the divorce decree stop anything from being liquidated?

[newbie2]

You have so many intermingled assets and debts that your best course of action is to talk to both a divorce attorney and a bankruptcy attorney. Generally it is wisest to have the divorce decree in hand (along with the division of property, division of debts, etc) before filing for bankruptcy.

[drowning123]

With regards to income, I'd say wait six months. Since the court is interested in your income for the past 6 months, I'm sure they'll include both your income for the past 6 months, no?

[tobee43]

i agree with the previous poster's responses...

however, i would like to make one suggestion:

MAKE NO DECISIONS WHILE ANGRY!

we are all human...and anger is a strong emotion and many times we are not thinking as clearly as we should. do not be hasty.

wait....i would give this some time and as opposed to seeing a divorce atty...i would go see a marriage counselor first...get your house in order and that starts with yourself....just a suggestion.

i wish you the best of luck! hope it all works out.

[tcreegan]

Hi smith2b555,

Wow, you have a tangled mess! I second the opinion to get a divorce decree and have the property divided b4 filing BK, otherwise it could get messy fast....

Tom in Colo

[dumpinmydebt]

I second tobee43 on the marriage counseling advice.

And then if that fails, get the divorce decree.

I'm sorry to hear your having problems with your spouse. I hope everything works out for the best for both of you and that in the end, you both are happy.