Will be wife be responsible for debt she does not file? 4 Answers as of November 07, 2010

My wife and I have a joint bank account but we just have one main income (mine). We also have some property that we rent out and the property is under both our names so we have some joint income there. The credit card account that we owe on is a shared account, but I was wondering if I could just file on my own instead of filling out a joint petition because everything of hers is already linked to me anyway. We would be filing for Chapter 7.

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Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
The answer depends upon whether you live in a community property state, like California. In CA, your spouses assets and debts become part of the bankruptcy estate and everything must be listed in your petition schedules.
Answer Applies to: California
Replied: 11/7/2010
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
Yes, you can file bankruptcy by yourself and if you receive a discharge your wife will be protected by that as long as you remain married. This assumes you live in a community property state, such as California.
Answer Applies to: California
Replied: 11/6/2010
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
If it is a joint account both of you owe the money and both are liable on the debt.
Answer Applies to: California
Replied: 11/5/2010
Sussman & Associates
Sussman & Associates | Mitchell Sussman
Best to file a joint petition.
Answer Applies to: California
Replied: 11/5/2010
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