Do I have to file for bankruptcy with my husband? 23 Answers as of June 18, 2013

If my husband files for bankruptcy, do I have to file one too? I do not want to do this as I am thinking that it would be better if one of us maintains a good credit score. What are the implications of me not filing it with him?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Do you live in a community property state? If so, creditors have no other choice but to go after the non-filing spouse. Contact a local attorney for specifics.
Answer Applies to: Washington
Replied: 3/26/2012
J.M. Cook, P.A. | J.M. Cook
You simply need to be aware that you will still be liable for any joint debt; not half the amount but the whole thing.
Answer Applies to: North Carolina
Replied: 3/16/2012
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
Either spouse can file or not file a bankruptcy petition. A bankruptcy stays on your credit report for 10 years. Community property debts are still owed by the non-filer. Consult with a bankruptcy specialist as to the advisability of one person and not the other filing for bankruptcy.
Answer Applies to: California
Replied: 3/15/2012
Ferguson & Ferguson
Ferguson & Ferguson | Jackie Ferguson Graham
If you don't have joint debt then there is really no reason that you need to file with him. If you have joint debt and he doesn't protect you then the creditors may pursue you.
Answer Applies to: Alabama
Replied: 3/14/2012
Philip R. Boardman, Attorney at Law
Philip R. Boardman, Attorney at Law | Phil Boardman
You do not have to file with him. Of course, you will be liable for any debts that you now have.
Answer Applies to: Virginia
Replied: 3/14/2012
    Law Office of Jeffrey Solomon
    Law Office of Jeffrey Solomon | Jeffrey Solomon
    You are not required to file bankruptcy jointly. But if you still have debt, even if joint with her husband, you still owe the creditors. You need to evaluate the amount of debt you have and whether you can make arrangements to make those payments.
    Answer Applies to: Florida
    Replied: 3/14/2012
    Steven Harrell, Attorney at Law | Waymon Steven Harrell
    You do not have to file a joint case. Your husband could file a single case, if he chose to do so.
    Answer Applies to: Georgia
    Replied: 3/14/2012
    Debt Relief Law Center | Roger J. Bus
    You do not have to file bankruptcy with your husband. You would be responsible for your own debt and any joint debt as only he would have filed. Your own credit score would remain the same assuming you are current on payments.
    Answer Applies to: Michigan
    Replied: 3/14/2012
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
    No.
    Answer Applies to: California
    Replied: 5/30/2013
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    I find that in most circumstances it is better that both spouses file. It is likely that the benefit received from both filing received outweighs the detriment to the credit of the other spouse. It just postpones their filing and doubles their cost. I have seen it on many occasions. The implications are that he alone will owe his debts and your joint debts.
    Answer Applies to: Michigan
    Replied: 3/14/2012
    T.K. Byrne | Timothy K. Byrne
    No. He may file by himself or jointly. The decision is yours alone. If you have joint debts that are to be discharged, you will be the responsible party if you do not join his bankruptcy filing.
    Answer Applies to: Mississippi
    Replied: 3/14/2012
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    One spouse may file without the other; however, if you are liable on his debts, those creditors could still come after you. Also, even if that is not the case, all community assets are part of the bankruptcy estate, and would have be claimed exempt.
    Answer Applies to: California
    Replied: 3/13/2012
    THOMAS G. GILL, P.A. | Thomas G Gill
    No.
    Answer Applies to: Maryland
    Replied: 6/2/2013
    The Smalley Law Firm, LLC | Cary Smalley
    Even if you are married you can still file bankruptcy individually without your husband. However, his income will be considering in determine if you qualify for Chapter 7 if that is what you are considering filing. Additionally if you file individually debts in your husband's name alone will not be discharged and your husband can still be pursued for joint debts.
    Answer Applies to: Kansas
    Replied: 3/13/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    You do not have to file with him. However, any joint assets which cannot be exempted can be subject to sale by the bankruptcy trustee and both yours and his income are considered to determine if he qualified to a Chapter 7 or what his plan payment is under a Chapter 13.
    Answer Applies to: California
    Replied: 3/13/2012
    Kenneth A. Parker, P.C.
    Kenneth A. Parker, P.C. | Ken Parker
    You do not have to file with him. However, if you have joint credit such as credit cards, the creditor will be able to collect any unpaid balance from you if you do not file. Talk to a Bankruptcy attorney and look at your credit report. If all of your credit is in your name and your name alone, then it may not be a good idea for you to file.
    Answer Applies to: Georgia
    Replied: 3/13/2012
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