Can divorce couple file for bankruptcy? 29 Answers as of June 29, 2013

We are recently divorced with an agreement on the division of the homestead property after it is sold. We cannot keep up the payments so we want to filoe bankruptcy to protect the propoerty. Can we file a "joint Bankruptcy"?

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Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
No.
Answer Applies to: Texas
Replied: 5/29/2013
Burton Green, Attorney | Burton Green
No. Only married individuals can file a joint bankruptcy. You can both file but will have to do it individually.
Answer Applies to: Florida
Replied: 7/3/2012
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
Persons who are not married to each other are not allowed to file a joint bankruptcy, even if the debts and assets are the same.
Answer Applies to: California
Replied: 6/29/2012
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
No. You can only file a joint bankruptcy if you are still legally married.
Answer Applies to: California
Replied: 6/29/2012
Steven Harrell, Attorney at Law | Waymon Steven Harrell
Yes, but I would only file a joint Chapter 7 case with her if you are going to divorce.
Answer Applies to: Georgia
Replied: 5/29/2013
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    No, you have to file separately since you are already divorced.
    Answer Applies to: Michigan
    Replied: 6/28/2012
    The Law Offices of Katie M. Stone
    The Law Offices of Katie M. Stone | Katie M. Stone
    If you are legally divorced, you cannot file a joint bankruptcy. You may want to look into the rights of co-debtors when one debtor files a bankruptcy. It may have the same affect that you are looking to achieve by both filing a bankruptcy; however, if you cannot afford your house payments, I am not sure how a bankruptcy will help you protect the property. You may want to go speak to a bankruptcy attorney to make sure bankruptcy is the right avenue for your goals. Most attorneys offer a free initial consultation. I hope you found this answer useful.
    Answer Applies to: Florida
    Replied: 6/28/2012
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    No, you have to be married to file together.
    Answer Applies to: California
    Replied: 5/29/2013
    The Smalley Law Firm, LLC | Cary Smalley
    You cannot file a joint bankruptcy if you are divorced.
    Answer Applies to: Kansas
    Replied: 6/14/2013
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    Unfortunately, only married couples are permitted to file jointly. Thus, to protect the property both of you will need to file separate bankruptcy petitions.
    Answer Applies to: Texas
    Replied: 6/28/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    If the divorce is final, you cannot file jointly for bankruptcy (though each of you may be able to file individually).
    Answer Applies to: California
    Replied: 6/28/2012
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    If divorce decree has entered, no. You need to file separate cases.
    Answer Applies to: Colorado
    Replied: 6/22/2012
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    Unfortunately, no. Joint bankruptcy are specifically designed for married couples. It is possible that you could hire the same lawyer and get a discount, but that is something to discuss with the lawyer. If you have conflicting needs then you will need two lawyers. Please understand that using an attorney is very important because bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
    Answer Applies to: Arizona
    Replied: 6/28/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Not if the divorce is final before you file for bankruptcy. You each have your own options.
    Answer Applies to: Michigan
    Replied: 6/28/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    No, not if you are legally divorced. You will have to file separately.
    Answer Applies to: New York
    Replied: 6/28/2012
    Olson Law Firm | Edward M Olson
    You can file separately. But, no. Only married persons can file a joint bankruptcy petition.
    Answer Applies to: Michigan
    Replied: 6/28/2012
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    No but one can file to try to save with the assistance of the other ex spouse.
    Answer Applies to: Florida
    Replied: 6/28/2012
    Ferguson & Ferguson
    Ferguson & Ferguson | Jackie Ferguson Graham
    In order to file a bankruptcy together you have to be married.
    Answer Applies to: Alabama
    Replied: 6/29/2013
    Alvin Lundgren | Alvin Lundgren
    You might be able to file joint bankruptcy if most of your debts are marital and the divorce was recent. .
    Answer Applies to: Utah
    Replied: 6/28/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    No, you would have to file separately.
    Answer Applies to: Florida
    Replied: 5/29/2013
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    No, after the effective date of the judgment of dissolution (the date the marriage ends) you cannot file bankruptcy jointly.
    Answer Applies to: California
    Replied: 6/28/2012
    Law Offices of Diann C. Moseley | Diann Moseley
    No. A joint bankruptcy petition refers to a single bankruptcy petition filed by a husband and wife who live in the same household. Even a husband and wife who live separate and apart cannot file a joint petition.
    Answer Applies to: District of Columbia
    Replied: 6/28/2012
    Steven Alpers | Steven Alpers
    It may require 2 petitions. You probably each have separate debts, and separate households.
    Answer Applies to: California
    Replied: 6/28/2012
    Attorney At Law | Harry D. Roth
    You can no longer file jointly. Only married couples may file jointly. Because both of your names are on the loan and both are on the deed, protecting the property is going to be a tricky proposition. You need to be asking yourselves a big question after you have asked an attorney a big question. The attorney question is "Is there any way to do what we want to do" and "If so, what will it cost" Be sure to tell the attorney that you are already divorced. The ask yourself question turns in part on the attorney's answer. Lots of times when a property goes into default and there is no equity and you can't afford it, even if you could afford it, you have to ask whether it is worth it. I fully understand that there is a lot of sentiment in the family home, especially if one of you and the children still live there, but you have to eat, too and if it is underwater, in default and the payments are too high, the universe is telling you something and it isn't to throw everything you have at a sinking house.
    Answer Applies to: California
    Replied: 6/28/2012
    Saedi Law Group
    Saedi Law Group | Lorena Saedi
    If you are legally divorced your cannot file a case together.
    Answer Applies to: Georgia
    Replied: 6/28/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    No, if you are not married you cannot file a joint petition at this point.
    Answer Applies to: California
    Replied: 6/28/2012
    David Andersen & Associates PC | Jeremy Shephard
    If your divorce is final you would have to file individual bankruptcies.
    Answer Applies to: Michigan
    Replied: 6/28/2012
    Weber & Phillips, P.A.
    Weber & Phillips, P.A. | John G. Phillips
    You can each file a separate bankruptcy but you have to be married at the time of filing to have a joint case.
    Answer Applies to: Arkansas
    Replied: 6/28/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    No. Only legally married opposite sex couples (opposite sex requirement due to DOMA) may file a joint bankruptcy.
    Answer Applies to: California
    Replied: 6/28/2012
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