concerned for my wife

by Tom
(Galveston, TX, Galveston County)

After reading your book I'm not so concerned for myself. My question relates to my wife, from chapter 4, pages 52 and 53.

I incurred more then $50,000.00 medical debt (after insurance) in the states of Utah (starting Jun. 2010) and Alabama (ending Apr. 2013), I'm now 100% disabled and we live in Texas. My wife has never co-singed or agreed to pay any part of the debt, however we did fill out paperwork together to see if we could qualify for charity at a hospital in AL. I understand “nonexempt community property assets” (page 53) are at risk. We have no house and the one car is financed in her name only.

Is there any advantage to her if we where to divorce and it stated that the medical debt was my responsibility, if I did or did not file for bankruptcy? I would like to protect my wife as much as possible, thank you, and thank you so much for the book.

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Jan 30, 2016
medical debt


Thank you so much for reading our book and for your kind words. We really appreciate it!

It sounds like your concern is that somehow your wife could be held responsible for your medical debt under "Doctrines of Necessaries" or a similar type of law.

Our suggestion is twofold. The first is that because you live in Texas, you have access to a really terrific resource, the
Texas Consumer Complaint Center. The other option is to talk with a bankruptcy attorney. You should be able to get a free or low-cost consultation. The attorney can help you understand what is at risk and help you determine whether filing for bankruptcy (most likely you filing separately) is necessary. I doubt divorce would help or be required since you were married at the time you incurred these debts, but the attorney should be able to advise you.

We hope things turn around for you soon.

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