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Can my husband file chapter13 but not me

(2 posts)
  • Started 3 years ago by melissa
  • Latest reply from Oh Really

  1. melissa
    Inactive

    We got behind on house payments and was advised by a lawyer to file a Chapter 13 as this is the only debt besides an assessment judgement and IRS taxes. We have no other debts.  But the lawyer only wants my husband to file and not me.  But my name is on the house too.  So I don't understand couldn't they then come after me.  Please advise.  Help! :0
    Posted 3 years ago #

  2. Oh Really
    Member

    I've never understood this advisement.  Perhaps your lawyer thinks that by NOT including you, that you will be 'credit worthy'...and will be able to purchase things with credit sooner than your husband.  This is an assumption on my part, and I would advise you to ask your attorney for his reasoning.

    BUT, if your name is on the house...then I would assume that you would be liable too.  To me, it's always safer to include both parties.  Remember...laywers don't always see a couple as a 'married couple.'  Who do you think came up with the term 'prenuptial'?  :)
    Posted 3 years ago #

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