Can I file bankruptcy without including my husband?

I was married 4 years ago and lost my job the next year. I and have not since worked. I have over $50,000 in credit card debt which I had before the marriage. He has been building his credit plus he is buying the home we are in and he is not willing to file bankruptcy.

Asked on October 21, 2011 under Bankruptcy Law, Georgia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can be married and file separately gor bankruptcy. If fact, if you have separate accounts/assets than your filing should not affect your husband in anyway.  However, if you have joint accounts/joint assets (that are not exempted by law), then your bankruptcy will affect your spouse.  So you need to be aware of that.

Additionally, unless you are legally separated and living apart, in a situation where only one spouse files, the income and expenses of the non-filing spouse is required to be disclosed so that the court, the trustee and creditors can evaluate the household's income (although this in no way obligates your spouse either legally or financially). 

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