If I file for bankruptcy does my spouse have to take any legal action? 3 Answers as of October 19, 2010

I am considering filing for Chapter 7 bankruptcy, but want this to be my full responsibility. Does my wife also have to file? What will her role be in the process?

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Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
You can be married and file bankruptcy as an individual. Your spouses income and debts will come into the bankruptcy, if you are in a community property state as California is.
Answer Applies to: California
Replied: 10/19/2010
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
If you are in California it is a community property state, so all community assets, and your wifes income, will be included in the analysis. However, she does not have to file the bankruptcy with you. You need to consult with a bankruptcy attorney in your area who can get more of the relevant facts to assess your situation and answer your questions.
Answer Applies to: California
Replied: 10/18/2010
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
No she does not need to file.
Answer Applies to: California
Replied: 10/18/2010
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