Can you file personal bankruptcy when you are married without involving your spouse?

Asked on October 22, 2014 under Bankruptcy Law, Ohio


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you file bankruptcy, your spouse should also file bankruptcy.  Both of you are named in the same bankruptcy.  If your spouse is not included in the bankruptcy, your creditors will go after your spouse for debts you incurred during marriage.

If your bankruptcy only includes debts incurred prior to your marriage, your spouse is not liable for those debts and would not need to be included in your bankruptcy.

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