Can I file for bankruptcy if my husband and I are separated but living in the same house? 11 Answers as of August 25, 2015

I would like to file for bankruptcy. My husband and I live in the same house but we have been living in separate parts of the house for 5 years with no physical contact.

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Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
Yes, you can file on your own. The harder questions might be how the finances are managed, and whether you are a self-sufficient household of one, or whether your husband contributes funds to your finances (or the other way around). If there is any overlap with your finances or with assets it might make sense to consult with a lawyer before taking any action.
Answer Applies to: Colorado
Replied: 6/30/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
These are tricky as there will be a question about how the household bills are divided. If you file joint tax returns, you will have to count his income in your "means test".
Answer Applies to: California
Replied: 6/30/2015
GARCIA & GONZALES, P.C. | Richard N. Gonzales
That would be a yes.
Answer Applies to: Colorado
Replied: 8/25/2015
Stephens Gourley & Bywater | David A. Stephens
Yes, you can.
Answer Applies to: Nevada
Replied: 6/30/2015
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Yes you can, you will just need to explain that when you go to court.
Answer Applies to: New York
Replied: 6/30/2015
    Barnhart Law Office
    Barnhart Law Office | Bruce C Barnhart
    Yes, you can file an individual bankruptcy or a joint bankruptcy.
    Answer Applies to: Nebraska
    Replied: 6/30/2015
    The Law Office of M Grater LLC
    The Law Office of M Grater LLC | Mark O. Grater
    Yes, you can file as married by living apart.
    Answer Applies to: Connecticut
    Replied: 6/30/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    People assume that they are separated for all kinds of reasons, but if you live under the same roof, for bankruptcy purposes, you are not separated. While this does not mean you cannot file bankruptcy, it does mean that your spouse?s income must be included in your Means Test and on your budget.
    Answer Applies to: Nevada
    Replied: 6/30/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Actually, your living situation and de facto separation have no effect on your eligibility for filing a BR petition. You can file separately, or jointly with your husband. In general, a joint filing is preferable, because if you both discharge as much of your debt as is permitted, you can reduce stress and conflict not only if you stay together, but if you should get a divorce.
    Answer Applies to: Wisconsin
    Replied: 6/30/2015
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    You can, but you may need to get his income if you share in household expenses.
    Answer Applies to: Florida
    Replied: 6/30/2015
    Ronald K. Nims LLC | Ronald K. Nims
    You can file for bankruptcy.
    Answer Applies to: Ohio
    Replied: 6/30/2015
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