Does a legal separation allow me to file for a single bankruptcy? 7 Answers as of August 12, 2011I have been legally separated from my wife for a few years now. I need to file for bankruptcy, but I am not sure if she will be held liable for anything. Can I file for a single bankruptcy even though we are not divorced?
Carballo Law Offices | Tony E. Carballo
Yes, you can file an individual case even if married and not separated but if separated you do not need to include her income in your petition. You might be required to obtain a spousal waiver of exemptions from your spouse if you use a certain set of exemptions under California law to protect your property. You need to discus that with your attorney.
Answer Applies to: California