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  1. #1

    Default Can You Discharge a Debt to Your Spouse in Bankruptcy

    My question involves bankruptcy in the state of: Mississippi

    I was awarded a settlement agreement against my wife 1 year prier to OUR marriage! I was a dump butt and married her after that! she is now trying to use the marriage to get out of the settlement!
    Now stating she going to file bankruptcy on me. My question is can a wife file bankruptcy on her husband while married to him ?

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Can a Wife File Bankruptcy on Her Husband While Married

    The fact that you are married to her doesn’t make a difference. She may file bankruptcy if wants. You would be a creditor of hers in the bankruptcy. If she files a Chapter 7 bankruptcy then her non exempt assets would be sold and distributed to her creditors based on the priority of the creditor. Once that is done, any debts that were not paid would be discharged unless the debt is a type that is not dischargeable. You have not said what kind of claim lead to the settlement so I cannot say if the debt is dischargeable or not. But the fact that you are married would not prevent her from getting a discharge if the debt is otherwise eligible for discharge.

  3. #3

    Default Re: Can a Wife File Bankruptcy on Her Husband While Married

    Settlement was awarded to me because of her steeling and selling of my personal property (guns,truck,tools and atturney fees) she willing signed off on it and judge did as well! Thank you for your reply !!

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Can a Wife File Bankruptcy on Her Husband While Married

    Get a divorce. Get the settlement amount awarded to you in the divorce decree. Then it might not be dischargeable in bankruptcy.

  5. #5

    Default Re: Can a Wife File Bankruptcy on Her Husband While Married

    Ty for that info i tried yesterday but judge ruled nether side presented enough evidence to award a divorce! denied both claims for a divorce after 16 months of trying to get it in court

  6. #6
    Join Date
    Sep 2005
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    98,846

    Default Re: Can a Wife File Bankruptcy on Her Husband While Married

    Completing an uncontested divorce is not a complicated process, and the proofs needed to establish that you qualify for a divorce are modest. If you were unable to get the basic proofs on the record to support an uncontested divorce, you need to get help from a lawyer.
    Quote Quoting Miss. Code Sec. 93-5-2. Divorce on ground of irreconcilable differences
    (1) Divorce from the bonds of matrimony may be granted on the ground of irreconcilable differences, but only upon the joint complaint of the husband and wife or a complaint where the defendant has been personally served with process or where the defendant has entered an appearance by written waiver of process.

    (2) If the parties provide by written agreement for the custody and maintenance of any children of that marriage and for the settlement of any property rights between the parties and the court finds that such provisions are adequate and sufficient, the agreement may be incorporated in the judgment, and such judgment may be modified as other judgments for divorce.

    (3) If the parties are unable to agree upon adequate and sufficient provisions for the custody and maintenance of any children of that marriage or any property rights between them, they may consent to a divorce on the ground of irreconcilable differences and permit the court to decide the issues upon which they cannot agree. Such consent must be in writing, signed by both parties personally, must state that the parties voluntarily consent to permit the court to decide such issues, which shall be specifically set forth in such consent, and that the parties understand that the decision of the court shall be a binding and lawful judgment. Such consent may not be withdrawn by a party without leave of the court after the court has commenced any proceeding, including the hearing of any motion or other matter pertaining thereto. The failure or refusal of either party to agree as to adequate and sufficient provisions for the custody and maintenance of any children of that marriage or any property rights between the parties, or any portion of such issues, or the failure or refusal of any party to consent to permit the court to decide such issues, shall not be used as evidence, or in any manner, against such party. No divorce shall be granted pursuant to this subsection until all matters involving custody and maintenance of any child of that marriage and property rights between the parties raised by the pleadings have been either adjudicated by the court or agreed upon by the parties and found to be adequate and sufficient by the court and included in the judgment of divorce. Appeals from any orders and judgments rendered pursuant to this subsection may be had as in other cases in chancery court only insofar as such orders and judgments relate to issues that the parties consented to have decided by the court.

    (4) Complaints for divorce on the ground of irreconcilable differences must have been on file for sixty (60) days before being heard. Except as otherwise provided in subsection (3) of this section, a joint complaint of husband and wife or a complaint where the defendant has been personally served with process or where the defendant has entered an appearance by written waiver of process, for divorce solely on the ground of irreconcilable differences, shall be taken as proved and a final judgment entered thereon, as in other cases and without proof or testimony in termtime or vacation, the provisions of Section 93-5-17 to the contrary notwithstanding.

    (5) Except as otherwise provided in subsection (3) of this section, no divorce shall be granted on the ground of irreconcilable differences where there has been a contest or denial; provided, however, that a divorce may be granted on the ground of irreconcilable differences where there has been a contest or denial, if the contest or denial has been withdrawn or cancelled by the party filing same by leave and order of the court.

    (6) Irreconcilable differences may be asserted as a sole ground for divorce or as an alternate ground for divorce with any other cause for divorce set out in Section 93-5-1.

    (7) For the purposes of orders touching the maintenance and alimony of the wife or husband, "property" and "an asset of a spouse" shall not include any interest a party may have as an heir at law of a living person or any interest under a third-party will, nor shall any such interest be considered as an economic circumstance or other factor.
    If the issue is that the divorce was contested, and that neither you nor your spouse could establish for the court that you qualified for a fault-based divorce, all the more reason to consult a lawyer.

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