Can I file for bankruptcy on a debt that I owe that doesn’t have anything to do with my spouse?

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Can I file for bankruptcy on a debt that I owe that doesn’t have anything to do with my spouse?

If the bankruptcy goes through and everything is taken care of, will my spouse have to assume my debt?

Asked on February 8, 2015 under Bankruptcy Law, Michigan

Answers:

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

Answered 6 years ago | Contributor

You can be married and file separately; as long as you have separate accounts/assets than your bankruptcy should not affect your husband.  However, if you have joint accounts/joint assets (that are not otherwise exempt), then your spouse will be affected. 

Further, unless you are legally separated and living apart, when only one spouse files, the income and expenses of the non-filing spouse must be disclosed in order that the court, the trustee and creditors can evaluate the household's income (note: this in no way obligates your spouse either legally or financially). 


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