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Can I file for bankruptcy if my spouse is no longer living with me?

1 Answers. Asked on Jul 20th, 2017 on Bankruptcy - New York
More details to this question:
I am at risk of losing my house to foreclosure due to my husband leaving me two years ago with no warning. He never returned home from work in May of 2015 and I ended calling the cops because I was scared something had happened to him due to him being a reformed alcoholic and sober for 10 years. The cops found him partying with his work over memorial day weekend. This was over two years ago now and he still has not returned home and was/is living with his girlfriend (his bosses daughter) ever since he left. I am now going to lose my house because I can no longer fight and pay for it with no help from him since May 2015. I would like to file bankruptcy but I am not sure if I can because he will not speak to me and I have no way of contacting him and his name is still on the house. I am at a complete loss and I just cant fight and struggle any longer. Can anyone please help?
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Answered on Jul 23rd, 2017 at 12:19 PM

Bankruptcy will not help you achieve what you want.  You need to file a divorce case, and get him to pay for the house payments.  Talk to a matrimonial lawyer.  He might even have to pay your legal fees.

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If you're struggling to pay off your delinquent debts and getting hounded by collection agencies, then it's time to address your financial problems. And filing for personal bankruptcy may be the ideal solution. Whether you're an individual or married couple considering Chapter 7 or Chapter 13 bankruptcy, or a business considering a Chapter 11 reorganization, or a farmer considering Chapter 12, you need the advice and guidance of an experienced bankruptcy attorney. Your lawyer can help determine which form of bankruptcy is right for you, prepare and file all of the paperwork, and advise you throughout the bankruptcy process.
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