Does my spouse have to jointly file bankruptcy with me? Or can I file by myself?
I have attached a video discussing this in case you prefer to watch a video. If not, keep on reading!
When you decide to file bankruptcy, your spouse does not have to file bankruptcy jointly with you. However, there are a few things to keep in mind.
- Filing bankruptcy by yourself – when you and your spouse have joint debts. If you decide to file by yourself and successfully complete your bankruptcy, you will receive a discharge of your debts/liabilities. If you have joint debts with your spouse, the creditors can still collect from your non-filing spouse because they are still liable for those debts. So if there are a lot of joint debts, it may be wise for you all to file bankruptcy jointly.
- Filing bankruptcy by yourself – when you and your spouse do not have joint debts. If you all do not share any debts / liabilities and your spouse does not wish to file bankruptcy, they don’t need to.
Will the bankruptcy affect my non-filing spouse’s credit report?
If your spouse did not file bankruptcy, then his social security number should not be tied to a bankruptcy filing. If the bankruptcy appears on their credit report, they should immediately contact the credit bureaus about to correct the issue.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
If you are considering filing bankruptcy in California or Nevada we’d love to talk with you regarding your legal situation. Feel free to contact us to schedule your bankruptcy consultation.
This blog is for general entertainment purposes and should not be used as legal advice. Please talk to an attorney regarding your particular situation.