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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Thank you so much for the information provided.