When filing for bankruptcy, one of the first steps is determining your household size. This number matters because help your attorney determine if your case will be a Chapter 7 or a Chapter 13. There are many qualifications that help guide practitioners to file the right case for you!
A common question we hear is, “My partner and I live together and share bills, can I claim a household of two?” While it may seem reasonable if there is two physical people living in the home, the answer is usually no. In bankruptcy, household size isn’t about who lives with you. It’s about legal and financial responsibility. Your household generally includes yourself, your spouse (if legally married), and anyone you are legally obligated to support, such as your children or dependents.
An unmarried partner is not legally considered a spouse or dependent under the law. Even if you share expenses, each person remains financially independent in the eyes of the bankruptcy court. Unless your partner is fully dependent on you for financial support, meaning you pay for all their living costs, you must file as a household of one. Typically, this situation manifests as daily care needs for a medically dependent partner.
Overstating your household size can create serious problems, including delays, amendments, or even dismissal of your case. Being accurate from the start ensures your case moves smoothly and protects your chance at a full discharge.
CALL NOW FOR A FREE STRATEGY SESSION FROM AN MN BANKRUPTCY LAWYER AT LIFEBACK LAW FIRM
At LifeBack Law, we help clients navigate these details so their bankruptcy petition is filed correctly the first time. If you’re unsure how you’re living situation affects your case, our team can guide you every step of the way. When the time is right, or when you are ready, reach out to Minnesota’s MOST Kind and Helpful bankruptcy law firm by going now to www.lifebacklaw.com. You will be so happy you did.
