If I file Bankruptcy will it affect my husband’s credit at all? Everything I have is in my name only. I had them before I got married.

I have car I’m paying on, 3 credit cards in my name, and some medical bills.

Asked on July 7, 2009 under Bankruptcy Law, Alabama


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

Answered 11 years ago | Contributor

If you have separate credit than your filing should not affect your husband's credit in anyway.  In fact, if you have no joint accounts or joint assets (that are not exempted by law), then your bankruptcy will not affect your husband at all.  However, unless you are living apart and are legally separated, in a situation where only one spouse files, the income and expenses of the non-filing spouse is required so that the court, the trustee and creditors can evaluate the household's income.  This, however, in no way obligates your husband, either legally or financially. 

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