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My husbands EX WIFE wants my husband AND HER to file for bankruptcy

101Stepmom101's picture

My DH's Ex Wife wants my husband AND her to file for bankruptcy. She did not want to do this during their divorce and She did not want to before we married to save the house in both their names from foreclosure. They have terrible credit... I don't see bankruptcy helping ~ Their debt is about $6000ish.

Now that WE are married this will affect MY credit. This woman just can't keep her hands out of OUR life. I think she wants to do it to hurt my credit and it will give her one more thing they can talk about daily. Nothing she does is out of kindness. She wants to do this for herself. She told him foreclosure will be removed and bankruptcy looks better than foreclosure. He did not even know what type of bankruptcy she wanted to file.

I own my home. We are not buying any new homes anytime soon. So I'm not worried about the foreclosure on his record prior to our marriage. Or his debt with her. I just don't want that woman involved in OUR financials and just another thing she is still trying to control my husband with. She just can't untangle herself from him.

He asked her to find out the costs for the bankruptcy. I don't see why he just can't SHUT HER DOWN when she tries to insert herself in OUR life. Now the door is open for more communication about it. He says he is not going to do it but, It stresses me out that he would humor her about the situation and drag it out rather than just say NO and shut her controlling in our life down.

ETexasMom's picture

Did your hubby start limiting his calls and responses to him? Sounds like she's trying to find a new way to keep his attention.

101Stepmom101's picture

That is exactly what I said... Sure one more thing for her to discuss with you daily ?

He has been doing good with it. She still tries to call and call. He just ignores her. But she gets at least two chances a day to talk to him. The kids call him after school and to say goodnight EVERY DAY.

101Stepmom101's picture

And neither have money to do it. She's just stirring the pot and trying to insert herself in our life and much as she can. She doesn't work so she's going to use her child support to pay for bankruptcy? That's pretty darn selfish!

Acratopotes's picture

can't DH go to the bank and ask them to proceed with foreclosure??

I think BM owes allot of people money and can't pay... after divorce of course and she just realized that her Ex is not responsible for it

Acratopotes's picture

then why does she want to file for bankruptcy? and why should DH file with her...

if the debt is only 6000, DH can simply state he will settle what he needs to and not file... what she does is up to her.. dammit if I was in DH's shoes I simply would've borrowed my share from the bank, pay it off and walk away, if that's possible...

101Stepmom101's picture

She wants them to do it at the same time ~ so they can get a discount from the lawyer.
I don't know why he would even think for one second I would be ok with that.

SHE JUST CAN'T LET GO. There is no more "TOGETHER" and should not be.

Acratopotes's picture

and what would happen if DH simply pays his share and walk away... then she can do what ever she wants to

101Stepmom101's picture

That is what he is suppose to do.
AND Bio would not get her way with wanting the bankruptcy.
Which is what we will be doing.

She can get a bankruptcy if she wants. I think she is all talk actually. But, who knows.

101Stepmom101's picture

I think it's ridiculous and just another thing for her to insert herself in HIS/ OUR life.
Plus ~ I'm SURE she knows it would hurt MY credit. She is EVIL

thinkthrice's picture

In my case, Chef's house was not in foreclosure during the divorce (because he was paying for it) but he signed a "quit claim" deed instead of divide the proceeds of a sale as is what is commonly done. She sold it and made a tidy profit, keeping all of the money.

Chef's thought was to just be done with the Girhippo once and for all but it sure did and continues to sting him financially.

101Stepmom101's picture

No right to force bankruptcy. She is manipulative and selfish. She told him they both would benefit from it.
BS!!!! It would cost almost as much money to file as owed. She just wants to remain relevant in his life.
This discussion allowed her to ramble on and on for 20 mins at pick up yesterday and would open up more conversations for her to have with him.

101Stepmom101's picture

LOL I told him tell her to make an appointment for all three of us to go in to discuss.
LOL ~ She will say "JUST FORGET IT!!!!"

No, He is not going to do it. BUT, He did not immediately shut her down with the idea.
Which boggles my mind.

notarelative's picture

He needs to go to a lawyer (not hers) and find out what he is legally responsible for and get actual legal advice on what to do.

And, if it were me, and my credit could be affected, I'd be sitting right there beside my husband.

Thumper's picture

Sorry to read about this.

I would consult with a lawyer about all of this. Something does not make sense.

DH should remain silent until he finds out his rights.

101Stepmom101's picture

Well... I think we will wait and see what happens ~ I think she is all talk anyway. If she does do it we can consult a lawyer. But ~ actually her part of the debt is what it would cost for him to file I'm thinking. So it would be equal in cost.... only the bankruptcy would HURT ME.

FOR SURE NOT DOING ANYTHING WITH HER or TOGETHER she's acting like it's for the best for both of them... OK WHAT ABOUT HIS WIFE?

IDK ~ What's worse... My husband filing for bankruptcy and hurting my credit and costing us money
OR
His ex filing and the debt falls on him/us.

ESMOD's picture

Multiple advice posts to consult a bankruptcy savvy lawyer and that's good advice.

The first thing I would confirm is that whatever he and his ex-wife does that it won't impact your credit. Unless you join in the bankruptcy proceeding (and you are not required to do so), your credit will not be impacted as far as I can tell. If you and your DH have joint accounts and he files bankruptcy, he can either affirm or include those debts in bankruptcy on his behalf...but YOU still will have the same obligation to the lenders and it won't show as a bankruptcy on your credit file.

Secondly, does HE have to file just because she wants to? I don't believe so. Now, if he doesn't, he will be on the hook for 100% of the debts that they had together. If he does, he can choose to either affirm (continue to owe the debt and keep the associated assets like a car) or he can include it in bankruptcy.

Bankruptcy has become a bit more complicated than it was years ago. It is not as easy to absolve yourself of debts. I believe that credit counseling may need to be done first and if you have some means available to repay debts, the court may set up a payment plan for you. The amount of assets that can be excluded (homestead allowance) does differ by state.

Clearly any assets YOU own free and clear of him should be no issue.

Again, consult a competent lawyer because I am fairly certain that he does NOT have to join her in her bankruptcy. The attorney will be able to best advise whether he SHOULD though. Many firms offer free consultations on this and in the end, I don't believe it is enormously expensive to undertake it. But, he needs legal advice ASAP.

Rags's picture

Not no but hell no. Her financial condition is her responsibility and hers alone. DH needs to let her sink or swim on her own and he is far better off taking the foreclosure on his credit report than both a foreclosure and a bankruptcy.

He needs to write the BM off and let her sink into the depths at whatever pace her choices deliver.

Just J's picture

^^This. The rules for BK are much stricter now and not everyone just gets it all wiped out. More often they will just get a restructuring of the debt. To get it completely erased you have to have more debt than income and assets, and it's unlikely this will pass that requirement.

101Stepmom101's picture

Considering she isn't working now and won't work because she's got a bun in the oven..
Before this she made about $10,000 a year... If that. She's not very educated and has barely worked for any job paying over min wage...
Sooooo ~ $6000 is a whole lot of money to her. LOL

She's just trying to manipulate my husband. TRY BETTER NEXT TIME CRAZY LADY!