Greetings,
We been separated without any paperwork for about a month, my ‘wife’ moved out and live with her adult daughter and her family. We own the property, and she wants to file bankruptcy because she failed miserably managing money we have…So, my question is: if she files bankruptcy, do we have to sell house and pay the debt?
If she files bankruptcy individually, you may be able to retain the marital residence.
Typically, credit card debt is divided in equitable distribution by balancing the total debt with the total assets being distributed to each spouse. But note, if a spouse files bankruptcy, you will not be able to proceed with equitable distribution or dividing the marital property until after the bankruptcy case is finished.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
Thanks Anna! 
