Can I File for Bankruptcy Without Involving My Spouse?

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“I am married and considering filing for bankruptcy due to overwhelming credit card debt. I rent an apartment and have no mortgage or car student loans etc. My question is can I file only for myself if all cards and debts are in my name and not involve my wife’s cards and debts and credit, or is the only way a joint filing?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

I am not a bankruptcy lawyer, and you should consult with a bankruptcy attorney near you (you should be able to get a free consultation). That said, my understanding of bankruptcy law is that, well, it depends. You can file just on your own, without including your wife on the bankruptcy. But that can also mean that your creditors will go after her for any joint debts. In addition, the bankruptcy may still be noted on your wife’s credit record.

Again, you need to consult a bankruptcy attorney who can best advise you as to what your options are.

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Author: Anne P. Mitchell, Esq.

Anne P. Mitchell, Esq. is a noted family law expert, Internet law expert, and Professor of Law at Lincoln Law School of San Jose. She is the author of "Surviving Divorce: the Single Father's Guide" and "The Email Deliverability Handbook"

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