Q: Can one spouse fill bankruptcy if they are still married
A:
Yes, only one of the married couple may file bankruptcy if they qualify to do so.If they are living together the non-filing spouse will have to account for their income and expenses as part of the joint family budget. If separated, then only the budget of the person filing bankruptcy would be used in most cases. See a bankruptcy lawyer to be sure this would be a good option for you. The means test can be complicated if your spouse resides with you and they have debts of their own.
Hope it works out. Good luck!
Stuart Nachbar agrees with this answer
1 user found this answer helpful
A: Yes, a person married or not may file without their spouse, but the spouses income is included for the calculation of the means test
David Earl Phillips and Kevin M Ryan agree with this answer
A: Yes, one spouse can file a solo bankruptcy case. The other spouse's income is still included in the Means Test, however, if you and your spouse live in the same household. If separated, you can exlude the non-filing spouse's income as long as you sign off under oath that the separation was not for the purpose of evading the bankruptcy code. I often wonder how that can be proven or disproved in Court.
David Earl Phillips agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
