Can I File Bankruptcy Without My Spouse?

Many of our potential clients call us wanting to file bankruptcy on their debt without negatively impacting a spouse. There are many couples who choose to put the majority of debt into one spouse’s name, in order to salvage the credit score of the other. This is quite common. Or, you might find yourself in a new marriage and you don’t want to damage the credit of your new partner by filing bankruptcy.

It is possible to file bankruptcy separately without impacting the credit of your spouse. However, there are some pieces of information that can impact your successful filing.

1. The bankruptcy court looks at your total household income. This includes the income of your non-filing spouse.
2. If you and your spouse have any joint debts, these accounts may be important to discuss. Secured debts and unsecured debts can be handled in different ways. For questions about joint debts it is best to speak to a bankruptcy attorney.
3. Community property can come into play. If any property was purchased during your marriage, these assets will need to be accounted for. If you are concerned about losing any property, it is best to speak to an experienced bankruptcy attorney to get their opinion on any potential risk of losing any assets.
4. There are certain occasions when a non-filing spouse may have to sign a waiver. This waiver is simply stating that they are not filing a bankruptcy using the same set of exemptions while their spouse is doing so.

For more information, contact your Fairfield bankruptcy attorney at 707-385-0422.