Expert: Mark J. Markus- California Bankruptcy Attorney - 4/23/2009

Question
1. If all credit card debt incurred both before and during marriage was only in my name, and no finances or other cards/property were ever joined, can filing chapter 7 affect spouse if separation/divorce is already final?

2. Due to the amount of debt and losing hours at my job, I cannot afford to live on my own at this time(until I do file and am free of this debt). Since we are still living under the same roof, will ex-spouse's income be counted for means test even though we are no longer married? If so, what are my options as I do qualify alone?

Unfortunately I am in a community property state. (NV)

Thank you very much!

Answer
1.  Your ex-spouse is liable for any community debt regardless of whether or not you file bankruptcy.  However, if her name is not on the cards/accounts, it is unlikely those creditors would seek to collect from her in the future, but it is possible.

2.  Any income she contributes towards the household expenses must be included in the means test, just as it would if you had any roommate.