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Bankruptcy and Marriage In Montana

You’ve tried like a soldier to stay above water, juggled debt, and yet they continue to mount and you finally realize it’s time to file bankruptcy in Montana, but you don’t know how this will affect your family and specifically the credit and finances of your spouse in Montana.

Montana Spouses Filing Bankruptcy – Each Case is Different

Each family’s bankruptcy situation presents different scenarios and decisions and issues. Here are some of the Montana Bankruptcy Basics regarding montana marriages and bankruptcy. Because each situation is different it’s important to contact an experienced bankruptcy lawyer in Montana. You can click the previous link for a list of bankruptcy lawyers by city to fine one in your area, or you may fill out the form to the right and we’ll have a lawyer contact you immediately to help you with your debt situation as you consider whether bankruptcy is the best option forward.

Montana Joint filing Not Required by Law

The Montana bankruptcy code simply does not require your spouse to also file bankruptcy nor does it require you to file jointly. When one spouse’s debts are cleared by bankruptcy, the other spouse is not required to pick them up, because Montana is not a joint property state, the spouse will typically not be liable for debts of their spouse unless they both signed on the dotted line.

If Both Members of a Montana Marriage, i.e. If Both Spouses Are Liable for the Debt – Joint Bankruptcy Filing is Better Suited as a Solution to Debts
If a married couple is seeking to discharge joint debts, they should consider filing bankruptcy jointly. If only one spouse filed in this situation, the other spouse would simply stay on the hook and it would not server the purposes best.

File Bankruptcy Individually in Montana If Debts Are All in One Spouses Name
Some families keep credit, finances, and other details like this of a legal nature separately, and if this is the case in your family, what you do regarding a bankruptcy filing will not affect your spouse’s credit, but instead it stays intact.

Automatic Stay Through Bankruptcy for Joint Debt
Bankruptcy in Montana puts an automatic stay into force immediately once you file for a Montana Bankruptcy, and this essentially boils down to an immediate halt to creditor harassment.

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