Asked in Bankruptcy

Q: Can I file for bankruptcy if I am married but we have no joint accounts or debt?

I do not want him involved in the bankruptcy

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3 Lawyer Answers
Clark Dray
Clark Dray
Answered
  • Bankruptcy Lawyer
  • Broomfield, CO

A: Yes, you can file your own bankruptcy without your spouse. However, if you're living in the same household the court is going to be interested in his income to determine whether you qualify for Chapter 7.

You should also be aware that in many states, spouses can be held responsible for certain of each other's debts, even if they're not on the account. You should consult with a bankruptcy attorney in your state to get an idea of what his liability might be.

Stuart Nachbar agrees with this answer

Stuart Nachbar
Stuart Nachbar
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Livingston, NJ

A: Your spouse would be involved to the extent that you are required to show what his wages have been for the past 6 months as the Means Test requires you to show evidence of the household income. This will determine if you can file a Chapter 7 or Chapter 13.

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Yes, you can.

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