I am still legally married. Wehave not lived together or seen each other in over 7 yrs. Can I file bankruptcy without using him at all. credit cards

I want to file on my credit cards only. About $5,000.00. My husband was not used to obtain any credit. I am now disabled and need help. I have had to live on them. I do not want to mess with my husband’s credit.

Asked on June 2, 2009 under Bankruptcy Law, Kentucky


J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you are still married your filing bankruptcy may very well effect your husbands credit based on the fact that there may be joint accounts, mortgages, etc. If you are seriously planning to do this than what you should do is consult with a local attorney who specializes in bankruptcy

Many attorneys will offer a free consultation at which time you can explain your situation, show them your finances and they will than  be able to determine if in fact you can file without causing any damage to your husbands credit. My short answer would be no but without seeing your finances I cannot be sure.

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