Do I need a legal separation to file for bankruptcy? 3 Answers as of August 16, 2010I am bogged down by my student loans and very high credit card debt. Can I file for bankruptcy separate from my husband? We do not mix our money. He is in a better financial situation than I am and has assets including property. Do I need to be separated from him in order to file for personal bankruptcy on my own?
David Nelson | David Nelson
If you are planning to separate from him and/or get a divorce for reasons other than bankruptcy, then great go ahead and do it. If you are planning to separate from him in order to file a bankruptcy that will effectively defraud your creditors, then it is a bad idea.
Answer Applies to: California