Can I File Bankruptcy With My Spouse?

Posted by Wesley Scott on March 4, 2020 at 5:20 PM
Wesley Scott

One of the questions that does arise from time to time is can one spouse file bankruptcy and the other one not? Yes, one spouse can file bankruptcy and the other one not. There is no requirement that both husband and wife must file a joint bankruptcy. Quite often, there are good reasons why a spouse does not file. Perhaps this is a new marriage and one spouse has no debt and the other spouse came into the marriage with debt wreckage from the previous marriage.

However, I will tell you what is a mistake. I think it is a mistake for both spouses not to be present for the FREE strategy session to discuss resolving one spouse’s debt problem. I have learned, over the years, that it is important for both spouses to be on the same page about what are the possible solutions and process. Why? I have had spouses who are scared of filing bankruptcy even though they have their own debt problems.

What happens is this. One spouse files the bankruptcy and then the other spouse sees that the process is not as scary as they first thought. The non-filing spouse then wants to file a bankruptcy. That is fine but then we are faced with double the costs since there are two different bankruptcy filings. It is not possible to add a spouse to an already filed bankruptcy case. So, when spouses don’t come in together it just complicates the solutions for both. Besides, from experience, any misunderstandings or incorrect assumptions about bankruptcy or the process are never really cleared up for the non-filing spouse. Working against false assumptions is never easy.

CONCLUSION

When the time is right, or when you are ready, reach out to Minnesota’s HIGHEST GOOGLE REVIEWED bankruptcy law firm at www.kainscott.com. You will be so glad you did!

 

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