Bankrupcy and Financial Support

My husband and I have been married for 9 years; separated for around 6 months. He prepared an unfair separation agreement with his lawyer, which I do not intend to sign.

My concern is that he has mentioned on various occasions he will file for bankrupcy if I attempt to request financial support through court. I would like to know how would his decision impact financial support in terms of alimony/equitable distribution/child support.

He also states he may decide to sell the house. We own it together, but I am not in the loan. Can he do so?

I am currently unemployed and have been a stay at home mom for the last 5 years. I reside in the marital home.

Alimony and child support obligations are not affected by a bankruptcy.

If equitable distribution has not been finalized by the time he files for bankruptcy, then all equitable distribution proceedings will be stayed (put on hold) until the bankruptcy case finishes. Marital property cannot be distributed while a bankruptcy case is ongoing or pending.

He cannot sell a jointly owned house with you.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Thank you so much for the information provided.