Can my husband file bankruptcy without me signing? 29 Answers as of December 21, 2011

Yes, he can do that. You will still remain liable for the house payments. Does it have any equity? That is what you should be worried out because the trustee could force you to but him out. If equity is less than 150k, you will be OK unless there are other significant assets.

Yes. A married person can always file bankruptcy individually (that is without the other spouse joining in a joint petition). Your husband must file bankruptcy on all debts, including the house obligation (mortgages). If you are jointly liable on your house, then your husband's bankruptcy will not protect your from the mortgage liabilities or any other joint debt. If the house has equity above any applicable exemptions, the trustee may liquidate the house.

Yes. The only person who has to sign the bankruptcy is the person filing. So, he is able to file his own individual case.

Your husband can file a bankruptcy stating that he is married with a declaration of separate households. You will not need to sign off on this. You will not be included in his personal bankruptcy filing unless you want to be and sign off on it. He can only file a bankruptcy on himself alone if you do not want to join. I hope you found this answer useful.

Yes, your husband can file bankruptcy without you, just as you could file bankruptcy without him. If he files bankruptcy, he would be required to list all of his debts and property, including the house and any mortgage on the house. That does not necessarily mean that you would lose the house. So long as the house is claimed as exempt, and the payments are being made, you could likely keep the house. Of course if it is owned by both of you (or acquired during the marriage in Texas so that it is community property), he also has rights in the house. If he files bankruptcy, you should likely consult a bankruptcy lawyer (not his lawyer, but your own) to discuss your rights.

Yes. Spouses are not required to file bankruptcy together. If you are cosigned on the debt. You will be responsible for it after the bankruptcy.

Yes. You will just need to make sure your payments on the house remain current and check your credit to make sure that the bankruptcy is not reported since you are not filing.

He is entitled to file his own bankruptcy without your consent. The bankruptcy is not "on the house", but rather his percentage of ownership in the house is an asset he must disclose on his petition.

Yes, he can file a bankruptcy alone.

He can sign for his own bankruptcy. He does not have to file with you. If he has signed your name and filed for you then it is fraud and you should call the trustee right away. If you don't know who the trustee is, call the US Bankruptcy Trustee in your area and they can tell you. Good luck!

Yes, your Husband can file a separate bankruptcy and include the home mortgage in his filing. He can either surrender the house to the bank or reaffirm the debt. Because Wisconsin is a community property state, you will be liable for the mortgage debt if he does not reaffirm the mortgage. If you are paying the mortgage the bank may be willing to modify the mortgage with you. If not, you also can file an individual bankruptcy or join in your Husband's bankruptcy if he agrees to a joint filing. You can maximize exemptions by filing jointly. If he files first and claims all the property and exemptions, you will have little left to include as property. This is a complicated scenario and you should consult with a bankruptcy attorney about your options and how to best protect yourself.

Do you mean you want to surrender the house? Or that you want to cure the arreages? Either way if you want to include the house in bankruptcy, all owners on the title would have to file, otherwise the none filing owner remains liable for the debt.

Your husband can file for bankruptcy individually or jointly with you. If he files jointly with you then you have sign the petition and other documents that have to be filed and attend the meeting of creditors with him.

Write to the creditor explain the situation then file for Divorce and ask for the house in your Divorce Complaint.

No. You would have to also sign the voluntary petition in order to be a joint debtor.

Yes, your husband can file for bankruptcy without your approval or signature.

Yes he can file his own bankruptcy.

He can file individually.

He can file his own bankruptcy case. As to the house, the bankruptcy will affect it if there is too much equity to be able to be exempted. If there is, the trustee could sell the house and give you 1/2 of the net sale proceeds. If there is no equity, the trustee will do nothing. Since you did not file, as long as the payments are current and remain current, the fact one of the borrowers filed bankruptcy will not make any difference to most lenders.

He can file bankruptcy without you and must list all joint debts and assets. His filing probably will affect you. It is essential - and let me stress that word essential - that you have a lawyer.

He can file on his own.

Yes. Your husband file bankruptcy without you signing.

Yes, he may file bankruptcy separately if you, indeed, have separate households. You do not have to sign the petition and it would list the house as an asset and the debts secured against it, among others. That does not mean you lose your house if you are current and have no unexempt equity. To get a full picture of the impact of his filing on you, you should consult experienced counsel.