Can a married woman in California file chapter 7 on her own?

A spouse may file bankruptcy separately from her spouse. However, separate-filing is a yellow wet-floor-sign: it's slippery when wet. A waiver may be necessary and debtors often fail to appreciate that the nonfiling spouse's assets and income are integral to the filing spouse's bankruptcy. The decision whether to file jointly or not is not straightforward; you should both consult with counsel. Don't let the national credit-score-obsession strictly dictate your moves.

Either spouse can file a single petition. The non-filer's credit will not be affected unless there are joint credit applications, in which case the credit reports are "married." However, to take certain exemptions the non-filer must file a spousal waiver in the bankruptcy along with schedule C (exemptions.)

Yes as long as the they do not have joint debt.

Yes. As long as his name does not appear on the lines of credit or bank accounts involved in the bankruptcy, he will likely not see any change to his credit score. Disclaimer of California Attorney. Laws differ from state to state. Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract. Good Luck starts with a strategy and a plan. The time is now to lower 2012 taxes.

A married woman can file a chapter 7 by herself without affecting her husband's credit as long as her husband is not jointly liable for any of the debts.