Does my partner have to file for bankruptcy if I filed? 25 Answers as of June 18, 2012

I want to file for bankruptcy, but I'm worried it will affect my wife. Will she have to file also?

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Marc S. Stern
Marc S. Stern | Marc S. Stern
There is no requirement that a spouse file. In general, I see no reason for filing both.
Answer Applies to: Washington
Replied: 6/18/2012
Law Office of D.L. Drain, P.A.
Law Office of D.L. Drain, P.A. | Diane L. Drain
Bankruptcy is a constitutional right. Therefore, your spouse can stay out of bankruptcy. But, their income and assets (if purchased while married) are part of your bankruptcy. Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Answer Applies to: Arizona
Replied: 6/12/2012
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
Either spouse can file their own petition. Generally, the non-filer is not affected. In some instances, such as when there is non-exempt community property assets, the trustee can sell property owned by the married couple. Consult with an attorney as to the specific facts of your case to see whether any assets will be lost.
Answer Applies to: California
Replied: 6/12/2012
Law Office of Jeffrey Solomon
Law Office of Jeffrey Solomon | Jeffrey Solomon
There is no legal requirement that your spouse also file. However, whether she should is a separate question, and you should consult an attorney.
Answer Applies to: Florida
Replied: 6/11/2012
Law Office of Pho Ethan Tran PLLC
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
Your wife is not required to file bankruptcy along with you but it might be a good idea if she is also liable for the debts.
Answer Applies to: Texas
Replied: 6/11/2012
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    No you may file alone. Whether that is wise is a different story.
    Answer Applies to: Michigan
    Replied: 6/11/2012
    Evan Guthrie Law Firm
    Evan Guthrie Law Firm | Evan Guthrie
    You can file for bankruptcy as an individual. If your assets and debts are in your name only it may not affect your wife.
    Answer Applies to: South Carolina
    Replied: 6/11/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Generally, yes your wife will be required to file a joint petition with you.
    Answer Applies to: Florida
    Replied: 6/11/2012
    Attorney At Law | Harry D. Roth
    Husband and Wife can file separately, or one can file and the other not. There are some requirements and it is not always a good idea. As far as affecting your wife is concerned, everything you do affects your wife. Get some advice before you file, either by yourself or together. I file them both ways and I frequently advise people to switch from the plan they originally had when they come in. A good lawyer can help you understand which way is best.
    Answer Applies to: California
    Replied: 6/11/2012
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    No. But if she is a co-debtor they will come after her when the bankruptcy is over.
    Answer Applies to: California
    Replied: 6/11/2012
    Cohen & Kendziorra, P.A.
    Cohen & Kendziorra, P.A. | Robert S. Cohen
    No, your wife does not have to file bankruptcy with you.
    Answer Applies to: Florida
    Replied: 6/11/2012
    Barbara Fontaine, Esquire | Barbara Fontaine
    Your wife is not responsible for any debts she did not make. If all the debts are yours, she should not file with you.
    Answer Applies to: Rhode Island
    Replied: 6/8/2012
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    Whether your wife will be affected by your filing depends on a number of factors whether you incurred the debts in a community property state, whether she co-signed any of the debts, etc. Speak to an attorney to get an assessment of your situation.
    Answer Applies to: Wisconsin
    Replied: 6/8/2012
    The Smalley Law Firm, LLC | Cary Smalley
    No. You can file bankruptcy individually even if you are married. However, your spouse will still be responsible for any joint debts even after you receive your bankruptcy discharge. You should consult with a bankruptcy attorney to discuss the details of your particular situation.
    Answer Applies to: Kansas
    Replied: 6/8/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Not necessarily, however you should see a bankruptcy attorney to determine your actions.
    Answer Applies to: Michigan
    Replied: 6/8/2012
    Law Office of Kristen Allard Shier
    Law Office of Kristen Allard Shier | Kristen Allard Shier
    No. Your spouse does not have to file for bankruptcy just because you are filing bankruptcy.
    Answer Applies to: Colorado
    Replied: 6/8/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    No, a spouse does not have to file with you. If you have joint debt your spouse will continue to owe the money but she does not have to file with you if she does not want to. If you do not have any joint debt, then the case would not affect her.
    Answer Applies to: California
    Replied: 6/8/2012
    Steven Alpers | Steven Alpers
    She does not have to file, but her separate debts and property will not be affected. If you have joint accounts or joint property , she will have to pay any joint debts.
    Answer Applies to: California
    Replied: 6/8/2012
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