If my wife files for bankruptcy in her name only, is my income also considered?
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If my wife files for bankruptcy in her name only, is my income also considered?
We were considering filing jointly as we have about 70k in unsecured debt. Income is about 55k but 50 of that is mine (wife only makes about 5k). She has about 20k of the 70k in her name only. We were considering just her filing to get rid of the 20k and then deal with the remainder for me.
Asked on July 17, 2011 under Bankruptcy Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The rule is that unless the filing spouse is living apart from the non-filing spouse and they are legally separated, the income and expenses of the non-filing spouse is required to be submitted to the court. This is so that the household's income can be more correctly evaluated. In your situation, you really should consult directly with a bankruptcy attorney. It may make sense in this case to file jointly considereing your finances. This is especially true if you have joint assets or any joint debts.
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