If my wife and I are seoarated but still living together, do I have to provide my financial info if she files bankruptcy?

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If my wife and I are seoarated but still living together, do I have to provide my financial info if she files bankruptcy?

My wife accumulated $40,000 worth of debt while living on her own. She now lives with me as a result and filed for bankruptcy. She went to the trustee meeting today and did not get her debt discharged because she now lives with me. She was told to amend her petition and include my financial info. I don’t want to get mixed up in her mess. Can I refuse to include my financial info in her petition? What are my options?

Asked on June 4, 2012 under Bankruptcy Law, California

Answers:

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

Answered 9 years ago | Contributor

If a spouse is filing individually, unless they 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. This is so that the court, the trustee and creditors can evaluate the household's income (however this no way obligates your spouse financially).

So, you can refuse to provide your financial information but your spouse's case will be dismissed as a result.

 


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