Can my husband file bankruptcy without me signing? 33 Answers as of June 02, 2013

My husband and I are separated, no papers have been filed. Can he file bankruptcy on our house without me signing? We have separate bank accounts and I have been making all the house payments. The house is in both in our name.

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CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
Yes.
Answer Applies to: California
Replied: 5/30/2013
Heupel Law
Heupel Law | Kevin Heupel
Yes, he can file bankruptcy without your permission.
Answer Applies to: Colorado
Replied: 12/21/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Your husband can file bankruptcy and subject his interest in any property to liquidation that is not exempt. That means that if he has equity in the house and you two own it in such a way that the interest is divisable, it could be liquidated by the bankruptcy Trustee.
Answer Applies to: Indiana
Replied: 12/19/2011
Mazyar Hedayat and Associates
Mazyar Hedayat and Associates | Mazyar Malek Hedayat
Bankruptcy can be filed by either spouse individually; especially when they are separated, incur and pay separate household expenses, have separate bank accounts, hold separate jobs, and maintain debts in their own names. You indicate that you and your husband own a house. While you alone may have been making mortgage payments, most likely both of you signed the mortgage. When our husband files he must decide whether to reaffirm his mortgage obligation or abandon it. If he abandons it, you will be obligated to make future payments. I hope this information has been helpful.
Answer Applies to: Illinois
Replied: 12/19/2011
J.M. Cook, P.A. | J.M. Cook
Bankruptcy is not in rem, meaning you don't file bankruptcy on a house or any particular debt. But he absolutely can file bankruptcy and his debt/liability on the house and the house as an asset will be included in this bankruptcy.
Answer Applies to: North Carolina
Replied: 12/16/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    One spouse can file a bankruptcy petition without the non-filer's permission. However, certain exemptions are not allowed to be claimed unless the non-filer signs a spousal waiver.
    Answer Applies to: California
    Replied: 12/15/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    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.
    Answer Applies to: California
    Replied: 12/15/2011
    Lakelaw - Loop Bankruptcy
    Lakelaw - Loop Bankruptcy | David Leibowitz
    Yes he can. Won't affect you.
    Answer Applies to: Illinois
    Replied: 6/2/2013
    Bankruptcy Law Center
    Bankruptcy Law Center | Bill Zurinskas
    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.
    Answer Applies to: Colorado
    Replied: 12/15/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Yes. The only person who has to sign the bankruptcy is the person filing. So, he is able to file his own individual case.
    Answer Applies to: California
    Replied: 12/15/2011
    The Law Offices of Katie M. Stone
    The Law Offices of Katie M. Stone | Katie M. Stone
    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.
    Answer Applies to: Florida
    Replied: 12/15/2011
    Law Office of J. Thomas Black, P.C.
    Law Office of J. Thomas Black, P.C. | J. Thomas Black
    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.
    Answer Applies to: Texas
    Replied: 12/15/2011
    Jakob-Barnes Law Firm, LLC
    Jakob-Barnes Law Firm, LLC | Jennifer Jakob-Barnes
    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.
    Answer Applies to: Georgia
    Replied: 12/15/2011
    Sanders Law, P.A. | Andre Keith Sanders
    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.
    Answer Applies to: Florida
    Replied: 12/15/2011
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    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.
    Answer Applies to: New York
    Replied: 12/15/2011
    Charles R. Nettles - Attorney at Law
    Charles R. Nettles - Attorney at Law | Charles R. Nettles
    Yes, he can file a bankruptcy alone.
    Answer Applies to: Texas
    Replied: 12/15/2011
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    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!
    Answer Applies to: Michigan
    Replied: 12/15/2011
    Rhonda R. Werner Schultz, PL
    Rhonda R. Werner Schultz, PL | Rhonda R. Werner Schultz
    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.
    Answer Applies to: Wisconsin
    Replied: 12/15/2011
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    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.
    Answer Applies to: Florida
    Replied: 12/15/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    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.
    Answer Applies to: California
    Replied: 12/15/2011
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    Write to the creditor explain the situation then file for Divorce and ask for the house in your Divorce Complaint.
    Answer Applies to: Georgia
    Replied: 12/15/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    Yes, your husband can file for bankruptcy without your approval or signature.
    Answer Applies to: Colorado
    Replied: 12/15/2011
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Yes.
    Answer Applies to: Michigan
    Replied: 5/30/2013
    Ryan Legal Services, Inc.
    Ryan Legal Services, Inc. | Kevin Ryan
    No. You would have to also sign the voluntary petition in order to be a joint debtor.
    Answer Applies to: Ohio
    Replied: 12/15/2011
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    Yes he can file his own bankruptcy.
    Answer Applies to: South Carolina
    Replied: 12/15/2011
    Law Office of Stephen P. Dempsey
    Law Office of Stephen P. Dempsey | Stephen P. Dempsey
    He can file individually.
    Answer Applies to: New Jersey
    Replied: 12/15/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    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.
    Answer Applies to: California
    Replied: 12/15/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    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.
    Answer Applies to: Georgia
    Replied: 12/15/2011
    The Stockman Law Office | Mary Stockman Esq.
    Yes.
    Answer Applies to: Florida
    Replied: 5/30/2013
    Law Office of Felipe A. Malo, P.A.
    Law Office of Felipe A. Malo, P.A. | Felipe Augusto Malo
    He can file on his own.
    Answer Applies to: Florida
    Replied: 12/15/2011
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    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.
    Answer Applies to: California
    Replied: 12/15/2011
    Weber Law Firm, P.C.
    Weber Law Firm, P.C. | William Weber
    Yes. Your husband file bankruptcy without you signing.
    Answer Applies to: Texas
    Replied: 12/15/2011
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