Do I have to include my spouse in my bankruptcy if most of the debts are in my name? 33 Answers as of February 21, 2012

You can file a single Chapter 7 or Chapter 13 case, but your spouse's income must be included on your schedules.

Yes. Your spouse does not need file with you but her income does effect your filing you should consult with an attorney.

Yes, you can file bankruptcy by yourself. Your wife does not have to file with you.

No. You are always entitled to file a bankruptcy case without including your spouse in the filing.

A married person can file bankruptcy with or without his spouse. To see which option is best for you, consult a certified specialist in bankruptcy law.

Yes, you can file yourself. You do not have to file jointly with your wife. However, your household income and expenses are considered in determing whether you are eligible for a chapter 7 or a chapter 13.

Yes you can file without your spouse but you need to list his/her income/expenses as it's a community property state and they need household income/expenses.

You can file without your spouse. However, you will need to submit a total household budget to the court and this will include information about your spouses income. However, it should not affect your spouses credit.

No. You can file as an individual even if you are married.

One spouse can file bankruptcy without the other. However, all community assets and debts must be included in the bankruptcy petition and become part of the bankruptcy estate. The bankruptcy estate includes all of the filing spouse's separate assets and debts, and all community assets and debts. Generally, community property includes all assets and debts acquired during marriage. So, even if an asset is in the non-filing spouse's name alone, if it was acquired during marriage it is community property, is included in the bankruptcy estate, and must be included in the bankruptcy petition. The good news is that the entire community enjoys the benefit of the filing spouse's discharge...so long as the community remains in tact. Thus, even where the non-filing spouse is personally liable, as long as the non-filing spouse owns no non-exempt separate property, the creditor is essentially out of luck: the filing spouse's discharge prohibits enforcement against the community, which includes the future earnings of both spouses. Keep in mind that the non-filing spouse is only protected for so long as the community (i.e. marriage) lasts. Community property issues in bankruptcy are complex, so be sure to consult in person with an experienced bankruptcy lawyer before filing.

You may file for bankruptcy by yourself. No one can force your spouse to file. Remember that all your community property is potentially part of your bankruptcy estate and must be properly exempted. She also may have to execute a waiver of exemptions to utilize CCP 703 Exemptions.

You do not need to include a spouse if you don't want to, but the non-filing spouse will be responsible for any debts solely in his/her name or any joint debts.

Yes, even if you are married you can file for bankruptcy on your own.

Yes, but your spouse will remain liable for any debt remaining after you are discharged

Yes, a married debtor can file only in their own name. You do not have to file a joint bankruptcy.

A husband and wife can file separately. However, if she does not file with you, creditors can still pursue her for any debts she has individually or any debts for which you are both responsible. So she will have to take care of any of those if you file alone.

You can file without your spouse, but your spouse's income and assets will need to be disclosed.

Yes, you can file a bankruptcy without your spouse. However, if you are married and living together, your spouse's income is also taken into account in determining whether or not you qualify for chapter 7 bankruptcy, or how much your payments must be if you file chapter 13 bankruptcy. Also here in Texas, the community property that you and your spouse have acquired during the marriage must be disclosed to the bankruptcy court, and could be at risk.

No, you can file bankruptcy without including your spouse.

Yes, you can file alone without your spouse.

You can file for bankruptcy just in your name. This would only discharge the debts in your name but it is not required for him to file.

Your spouse must be included in the Bankruptcy.

If you don't include your spouse, he/she will have to pay his/her debts.