Can I file bankruptcy without my spouse?

YES.

If you are married, you may file bankruptcy jointly or on your own. Several factors may sway your decision to file together (get rid of joint debts) or separately (protect non-filing spouse’s credit score). If you do choose to file on your own, only your debts and assets will be included in your bankruptcy estate – including any joint assets and debts. While your spouse’s individually owned assets do not need to be disclosed, you must provide your spouse’s income information, unless you are separated. This will include a minimum of 6 months’ proof of income (i.e. Paystubs; profit & loss statements for a business; jointly owned bank statements). Further, although your liability to pay any joint debts that you have with your spouse will be discharged in your bankruptcy, your non-filing spouse will remain liable for those joint debts. 

Because there are so many factors in play that can affect whether you should file alone or with your spouse, you should sit down and consult with a bankruptcy attorney to determine which will be in your best interest.


By: Megan McCarthy

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