Bankruptcy can Strain Relationships

It is hard to broach the topic of bankruptcy with your family and friends, no matter how close you are to them.  Debt and financial problems puts a strain on your entire life, and when bankruptcy is mentioned that strain seems to get worse.  Money problems are the most common reason couples - married or not - get into arguments.  If you have money problems, the best thing to do right away is to sit down and discuss them with your partner.  You never want to leave them in the dark, and if you are considering bankruptcy it is something that should be talked about right away.  Your partner could have some ideas to help you cope with your debt problems, but you have to talk to them about it first. 


Because bankruptcy can affect the credit report of both you and your spouse, you should always discuss this debt relief option with them.  You may have joint debts that will be looked at even if they are not on the bankruptcy petition, and when you file for bankruptcy your partner may wind up being liable for those joint debts by themselves.  The debt also will be transferred solely to your partner's credit record and listed on yours as a bankruptcy instead of being wiped off. 


Your spouse's credit records and income information will be looked at by the courts because they will want to know why only you are filing for bankruptcy and they are not.  Joint assets such as mortgages that are in both of your names will have to be settled so that your spouse gets their share of the profits while yours is put towards paying off your creditors.  This means you will have to sell your house.  However, your spouse could save the family home by buying out your share if they have the money, although this is a bit of a futile effort knowing that the courts are going to look at their assets and credit information as well. 


Bankruptcy and divorced couples is less of a problem between two people unless there are still some shared debts.  In most divorces, all of the assets are split up with a clear line drawn as to who is liable for what bill and who owns what.  When the divorce is this cut and dry, the non-filing ex-spouse's credit record and finances should not be an issue and it will not be considered in court.  Only you will lose your assets.   


There is a possibility that your bankruptcy could tarnish their credit record if creditors base their repayment requests on the address listed in their files.  It is important to make sure that your creditors have your current address and that you have disassociated yourself from your ex-spouse to keep credit issues from causing any additional strain between you.  You should discuss your bankruptcy options with your ex-spouse before you file so that you both understand how it could affect you both.