Can I file bankruptcy on my own or do my husband and I have to file together?
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Can I file bankruptcy on my own or do my husband and I have to file together?
I need to file bankruptcy. My house has been foreclosed. My debt is completely out of control. I do not know what chapter to file. I want to do this before my wages are garnished. However, my husband and I do not share our incomes, so, I will have to do this on my own.
Asked on August 26, 2011 Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In some cases where only one spouse has debts (or one spouse has debts that are not dischargeable) it might be advisable to have only one spouse file. You must however be careful about filing separately if, as a couple, you own joint debt and property. Further, 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 to be provided so that the court, the trustee and the creditors can evaluate the household's income (however will not obligate your husband financially or in any way).
Since this can get a bit complicated and you are already a bit confused as to what chapter to even file, it's time to consult directly with a bankruptcy attorney in your area.
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