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What if my divorce causes my spouse to file bankruptcy?

Anonymous Asked:

if a divorce or separation, causes the other spouse to claim bankruptcy, does the debt then become the other spouse's responsibility?

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A Family Lawyer
9 years ago

With joint debts, both people are responsible for what is owed, regardless of the status of their personal relationship. If one person isn't able to make the monthly payments, the other person is required to pay. This means that if one person declares bankruptcy, then the other person will still be required to make payments on any amount left owing. In addition, secured joint debts are treated differently in a bankruptcy from unsecured joint debts. Divorce situations in bankruptcy are only one of the possible complications with joint debt. When a marriage dissolves, the divorce agreement does not legally separate responsibility for the debts. A separation agreement must be drawn up to do that, which isn't always easy. It requires the help of lawyers and co-operation from creditors.

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