Can my fiancee and I file bankruptcy together? 25 Answers as of June 14, 2011

My fiancee and I have been together since 2003 and both need to do bankruptcy. Can we file together or do we have to file separately?

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Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
You can not file a joint bankruptcy petition with your fiance. You can file a joint bankruptcy petition once you are married.
Answer Applies to: California
Replied: 6/14/2011
Daniel Hoarfrost, Attorney at Law
Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
You have to be married to file jointly.
Answer Applies to: Oregon
Replied: 6/8/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
You may be able to file together if you share a household, you should speak with a local Bankruptcy Attorney.
Answer Applies to: New Hampshire
Replied: 6/8/2011
Law Office of Maureen O' Malley
Law Office of Maureen O' Malley | Maureen O'Malley
You'll have to file individually because you're not married. If you're living together and sharing expenses you could make a note for them to be administered together. I always emphasize that a person should not file bankruptcy without the help of a lawyer. Some people think we're expensive, but if you make a mistake it's going to cost you a lot more!
Answer Applies to: Virginia
Replied: 6/8/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
You have to file separately.
Answer Applies to: Washington
Replied: 6/8/2011
    Ariano & Reppucci
    Ariano & Reppucci | Chris Ariano
    Unfortunately you will have to file separately. However, most attorneys will give you a deal if they file both for you. Please let me know if you would like to discuss further.
    Answer Applies to: Arizona
    Replied: 6/8/2011
    Rosenberg & Press
    Rosenberg & Press | Max L. Rosenberg
    You can file together once you are married. If you have been engaged for eight years now might be the time to elope. Feel free to contact us if you would like a bankruptcy and/or a marriage. Thanks for tuning in.
    Answer Applies to: Connecticut
    Replied: 6/8/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    You can not file a joint bankruptcy unless you are married.
    Answer Applies to: California
    Replied: 6/7/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    No. Only a legally married couple (man and woman) can file jointly. Persons of the same sex who are married or have entered into a domestic partnership under state law are not allowed to file bankruptcy jointly. You can be separated and still file jointly with you spouse if the marriage has not been terminated by a court. In some states (not California) living together with a person of the opposite sex as husband and wife for a number of years may constitute a marriage (a common law marriage) which would entitle the couple to filed bankruptcy jointly.
    Answer Applies to: California
    Replied: 6/7/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    When filing bankruptcy and you are married you have the option of filing a joint petition or filing individually. This applies whether you file chapter 7 or chapter 13 bankruptcy. If both parties are going to file, then it is preferable to file together to save the court time as well as save costs for yourself as to filing and attorney fees.
    Answer Applies to: Washington
    Replied: 6/7/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Unmarried couples cannot file a joint petition. You may want to consider waiting until you are married, if possible.
    Answer Applies to: California
    Replied: 6/7/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    Since you are not married you would have to file separately
    Answer Applies to: Florida
    Replied: 6/7/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Must be married to file together.
    Answer Applies to: California
    Replied: 6/8/2011
    Greifendorff Law Offices, PC
    Greifendorff Law Offices, PC | Christine Wilton
    Get married and then you can file jointly. Otherwise, no.
    Answer Applies to: California
    Replied: 6/7/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Only married persons can file bk jointly. You could marry and file jointly. However, I would discuss your chapter 7 income issues with a bk attorney prior to changing your marital status. You could create a means test qualification issue as once you are married your incomes will be combined.
    Answer Applies to: California
    Replied: 6/7/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You will have to file separately, unless you wait to get married. The potential benefit, however, is that you may be able to double up on the exemptions by filing separately. If you are looking for an attorney and are in my area, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 6/7/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    You must be married to file jointly. Engaged won't cut it.
    Answer Applies to: California
    Replied: 6/7/2011
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