Does bankruptcy filing require the consent of my spouse? 25 Answers as of May 30, 2013

I am wondering what are the effects of filing bankruptcy to your husband or wife. Do I need to get consent from my husband when filing bankruptcy?

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Philip R. Boardman, Attorney at Law
Philip R. Boardman, Attorney at Law | Phil Boardman
No.
Answer Applies to: Virginia
Replied: 5/30/2013
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
No, but the filing often affects the spouse, depending on details you did not give us.
Answer Applies to: Georgia
Replied: 3/26/2012
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
Either spouse can file a bankruptcy petition on their own. However, to qualify for certain exemptions you need written permission, what is called a spousal waiver. Consult an attorney regarding the specific facts in your case.
Answer Applies to: California
Replied: 3/26/2012
The Barger Law Firm
The Barger Law Firm | Jason W. Barger
No, though married, you can file bankruptcy for yourself only. A couple of considerations, though: Your husband's income will be included in the "means test" and you will have to produce his pay advices (stubs) for the past six months. If he is not cooperative, this may prove a problem. Any debt that the two of you both owe, he will become solely responsible for the debt.
Answer Applies to: Texas
Replied: 3/26/2012
Debt Relief Law Center | Roger J. Bus
An individual can file bankruptcy without the consent of the non-filing spouse.
Answer Applies to: Michigan
Replied: 3/26/2012
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    No, you do not.
    Answer Applies to: California
    Replied: 5/30/2013
    T.K. Byrne | Timothy K. Byrne
    No. You may file On your own without your spouse joining in.
    Answer Applies to: Mississippi
    Replied: 3/24/2012
    Law Office of J. Scott Logan, LLC
    Law Office of J. Scott Logan, LLC | John Scott Logan
    No. You must include all household income on your schedules and historical household income for determining eligibility, but a spouse need not even know of the bankruptcy. If all debts are solely in your name, there will be no notations concerning the bankruptcy anywhere on his or her credit report.
    Answer Applies to: Maine
    Replied: 3/23/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It is possible for one spouse to file individually. However, it is wise for spouses to be informed and agree on the best course of action.
    Answer Applies to: Michigan
    Replied: 3/23/2012
    Law Office of Jeffrey Solomon
    Law Office of Jeffrey Solomon | Jeffrey Solomon
    One spouse has an absolute right to file bankruptcy without the spouse's consent. The bigger question involves the need to show household income.
    Answer Applies to: Florida
    Replied: 3/23/2012
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    You do not need the consent of your spouse but there are exemptions to protect property that require the spouse's waiver of the exemptions for you to use those types of exemptions. If you cannot obtain the waiver then you may not use those types of exemptions. There are other exemptions that do not require the spouse's waiver but are not as good. An exemption is what allows you to keep the property and the types of exemptions you need depend on the type and value of the property or assets you need to protect.
    Answer Applies to: California
    Replied: 3/23/2012
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