Can I file for bankruptcy alone? 26 Answers as of June 18, 2012

i was married during the purchase of a home, now divorced with no property settlement, his name was never on the loan can i file bankruptcy alone? The home does not reflect on his credit and the home has been vacant for 4yrs with no payment

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Marc S. Stern
Marc S. Stern | Marc S. Stern
After the divorce, a joint petition is not possible. You have to file individually.
Answer Applies to: Washington
Replied: 6/18/2012
Law Office of D.L. Drain, P.A.
Law Office of D.L. Drain, P.A. | Diane L. Drain
Most likely, but I would need more information. Please understand that 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: 6/12/2012
Robert Peters, P.A.
Robert Peters, P.A. | Robert L. Peters
Yes, you can file bankruptcy without your spouse.
Answer Applies to: Florida
Replied: 6/12/2012
Law Office of Jeffrey Solomon
Law Office of Jeffrey Solomon | Jeffrey Solomon
You can file for bankruptcy for yourself. You cannot file any other way since you could not file a joint case with an ex spouse.
Answer Applies to: Florida
Replied: 6/11/2012
Law Office of Pho Ethan Tran PLLC
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
Yes. You can file immediately if you qualify.
Answer Applies to: Texas
Replied: 6/11/2012
    Rosenberg & Press
    Rosenberg & Press | Max L. Rosenberg
    You can file bankruptcy without your spouse. You can avoid a debt that your spouse is a co debtor on but you will leave your spouse holding the bag.
    Answer Applies to: Connecticut
    Replied: 6/11/2012
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    You may file a bankruptcy without your spouse.
    Answer Applies to: Michigan
    Replied: 6/11/2012
    Evan Guthrie Law Firm
    Evan Guthrie Law Firm | Evan Guthrie
    You can file for bankruptcy as an individual.
    Answer Applies to: South Carolina
    Replied: 6/11/2012
    Bereliani Law Firm | Sanaz Sarah Bereliani
    Yes definitely. Even if you guys had assets together you can file bankruptcy while married without your spouse.
    Answer Applies to: California
    Replied: 6/11/2012
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Yes, you can file without him. Be careful on the vacant home. If there are code violations, those are not dischargeable and despite the bankruptcy you will still own it until there is a foreclosure.
    Answer Applies to: California
    Replied: 6/11/2012
    Olson Law Firm | Edward M Olson
    Yes, you can file alone, whether you are married or not.
    Answer Applies to: Michigan
    Replied: 6/11/2012
    Salberg Murdock
    Salberg Murdock | Jeffrey D. Salberg
    Yes. He is not responsible for the debt if he didn't sign the promissory note. You didn't mention if his name was on the title to the home. I assume it was not.
    Answer Applies to: Utah
    Replied: 6/8/2012
    Attorney At Law | Harry D. Roth
    Yes. In fact, you have no choice of filing with him. Only those currently married to one another may file jointly.
    Answer Applies to: California
    Replied: 6/8/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Yes, you can file on your own. You don't have to file a joint bankruptcy.
    Answer Applies to: California
    Replied: 6/8/2012
    Law Office of Kristen Allard Shier
    Law Office of Kristen Allard Shier | Kristen Allard Shier
    Yes, you can file for bankruptcy alone. Even if your ex was on the loan, you could still file bankruptcy by yourself.
    Answer Applies to: Colorado
    Replied: 6/8/2012
    Debt Relief Law Center | Roger J. Bus
    Yes, you can file alone.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Yes, it is possible and indeed normal to file bankruptcy individually. Because you are precise situation cannot be deduced from the information which were provided I would suggest you seek competent bankruptcy counsel to determine your best course of action.
    Answer Applies to: Michigan
    Replied: 6/7/2012
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