Q: Can a husband or wife legally file bankruptcy without the other knowing about it in the state of MS.?
It would seem to me that both signatures are required since a bankruptcy would affect both people in the marriage. Is it legal that my husband is doing this? He will not disclose the attorney to me so that I can ask.
A: A spouse does not have to include the other spouse in a bankruptcy, regardless of whether that is a good decision.
A: If you were happily married I suspect that you would know about his filing. If you and he are splitting the sheets then it is perfectly legal for him to file bankruptcy by himself and not involve you. It is however, ridiculous to imagine that his filing will not affect you. His creditors will now come after you for payment, particularly on "joint" purchases and credit cards. I think it is time you and your husband have a good talk together.
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