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Can I file bankruptcy without my husband/wife, or do both spouses need to file bankruptcy?

On Behalf of | Jan 7, 2014 | Bankruptcy, Firm News

A married person can file bankruptcy either jointly with their spouse, or individually without their spouse. Each spouse has their own credit history, and one spouse’s bankruptcy will not affect the other’s credit report, although there may be a notation on the non-filing spouse’s credit report on joint debts, that “co-obligor filed bankruptcy”

A non-filing spouse’s assets are generally not part of the filing spouse’s bankruptcy estate. However, we will still need to review the non-filing spouse’s income to ensure that the household income is under the median, unless you are not living together.

It is not a good idea to file bankruptcy without the other spouse knowing about it. This is probably more marital advice than legal advice. The fact is, the bankruptcy is public information, and even though we respect our clients needs for confidentiality, there is no way to guarantee your spouse will never find out, and if they do, it is best that they find out from you.