If my husband has to file bankruptcy, can he be the only one to file?

My husband owns a home and the mortgage is in his name only. It was purchased prior to us getting married, but my name is on the deed (don’t know if that matters). That house is going into foreclosure. We have moved to Florida beacuse I transferred for my employer. My husband is not employed and is currently a student. The home is in one of the “bad” loans (no money down and interest only). Anyway, do I have to file bankruptcy with him since we are married? Also, can the mortgage company come back to me for any deficiency since I am his spouse? My name was not on the mortgage/promise to pay.

Asked on December 2, 2014 under Bankruptcy Law, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, you can file bankruptcy with out your spouse but your spouse can still be affected.  Depending if the state where the home is located is a community property or a common law property state will matter since certain states have homestead exemptions, etc.  Please go and speak with a bankruptcy specialist about your current situation.  Good luck.

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