If you are legally married at the time of her filing a bankruptcy, she will not be able to file alone, they would have to file showing both incomes, though, if you are not living in the same residence, it may be different. You would need to seek legal counsel, with the new laws, they look at all income for married couples, usually living in the same home. Now if her son co-signed on a home and she is the primary and he is the co-signor, and she files bankruptcy, loses the home, they would go after him. If this is headed to divorce, you need to either re-finance whatever debts are in your names jointly and get her name off of them should she ever have to file. This way, you are not held responsible. Good Luck!Can my spouse file bankruptcy without me?
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