Ask a Lawyer - Archive
   
Spouse's Free to File Bankruptcy Alone
Cathleen Cooper Moran

Q. 

Can my husband file for individual bankruptcy even though we are married?

-- Anonymous

A. 

Yes, one spouse can file bankruptcy without the other joining in. Spouses are permitted to file a joint case, but not required to.

The impact on the non filing spouse may depend on whether there are debts for which both spouses are liable.

The other area of concern is determining under state law just what property of the marriage is brought into the bankruptcy case.



-- Cathleen Cooper Moran

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