If you are considering filing bankruptcy and wondering whether your spouse will have to file with you, the answer, which may surprise you, is no.
Each case is different and greatly depends on the facts of your exact situation, but generally it is beneficial for both spouses to file a joint bankruptcy if you both have debt. If you file jointly, it is one bankruptcy where you both obtain a fresh start.
Now maybe it wouldn’t be beneficial for you both to file. Maybe your spouse doesn’t have any assets or debts or they recently filed by themselves and do not qualify for another discharge. You can file a bankruptcy individually, but some of your spouse’s information will need to be included in your case.
In your individual case only assets you have an interest in will need to be listed. For example, anything you own by yourself or have a joint interest. If it is solely your non-filing spouse’s asset, most attorneys will make a note. This note will tell the court that your non-filing spouse has their own property that is not property of the bankruptcy estate.
Other information the court will need to know about your non-filing spouse is income and expenses. The bankruptcy court will look at the entire household’s income and expenses. Therefore, even if your spouse is not filing with you, you will have to provide their paychecks for the last six months to your attorney. You will also have to provide their expenses. If you and your spouse are separated, you should speak with an attorney.
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If you are considering bankruptcy, whether it is joint or individually visit www.lifebacklaw.com to speak with an attorney today. You will be glad you did!
