If my husband and I have been separated for almost 5 years, can I file for bankruptcy without including him and his finances?

He lives in one state and I live in another.

Asked on February 19, 2013 under Bankruptcy Law, Georgia


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You are not required to include your spouse when filing for bankruptcy.  However, you may be required to include items if both of your names are on the account.  For example, if the house he is living in has both of your names on the title, you will be required to disclose this asset.  If there is a debt in both of your names, like a mortgage or lien on a piece of property, if may also have to be included.  You can file for bankruptcy and represent yourself, but considering that you have this situation, it would help you avoid issues if hired a bankruptcy attorney to help you.  Many offer free online consultations now that can give you a better idea of who you would want to hire and the quality of service they would offer you for your situation.  You should also discuss the possibility of filing for divorce and the timing of that filing. 

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