QUESTION
Can my spouse file bankruptcy and divorce without me?
Asked on Jan 19th, 2012 on Bankruptcy - California
More details to this question:
My husband of 21 years wants us both to file bankruptcy. He also wants a divorce. Can he legally file without me and what would this do to a divorce? Can he file taxes without me? We have filed together for 20 years.
9 ANSWERS
Yes.
Answered on May 30th, 2013 at 9:44 PM
Chapter 7 Bankruptcy Attorney serving Lisle, IL
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Mankus & Marchan, Ltd.
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You or your husband can file bankruptcy either separately or together. You are not obligated to file bankruptcy with him. Divorce is a separate issue, but if you are divorced, or living separately, you cannot file a bankruptcy jointly. In a divorce, your property is divided, so you may want to wait, if you can, to complete the divorce before you file bankruptcy.
Answered on Feb 09th, 2012 at 10:36 AM
Business Bankruptcy Attorney serving Raleigh, NC
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J.M. Cook, P.A.
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He can file individually without you. You will remain liable on any joint debts.
Answered on Feb 06th, 2012 at 10:18 AM
Banking Attorney serving Miami, FL
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The Barrister Firm, P.A.
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Your husband can file for divorce and separate from you by leaving the household, then file for bankruptcy (which will release him from any legal obligation to pay his creditors even those jointly held; thereby leaving you legally responsible for those joint debts) and the taxes should be filed together since you were married during the period being reported (even though he now seeks a divorce). So, while he can file for divorce even though you may not want to, he cannot file bankruptcy without accounting for you income unless he leaves the household (however he can still file without you being part of the bankruptcy but he must tell the bankruptcy court about the income of everyone in the household - if he doesn't leave).
Answered on Feb 06th, 2012 at 8:18 AM
Glen Edward Ashman
He can file without you (and, with your consent, with you). The filing can dramatically affect a divorce and you should retain your own lawyer.
Answered on Feb 03rd, 2012 at 11:25 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Either spouse can file a single petition in bankruptcy. To claim certain exemptions there must be a spousal waiver signed by the non-filer. You can proceed to divorcing, but the community property belongs to the bankruptcy estate. Either spouse can also file a separate income tax return. This is a serious issue and you should seek the advice of an attorney who is a certified specialist in bankruptcy law.Consult the State Bar for a listing of those attorneys in your area.
Answered on Feb 03rd, 2012 at 3:00 PM
Christine Sarah Hansley
Yes husband can file bankruptcy without you as an individual (married).
Answered on Feb 03rd, 2012 at 2:36 PM
judith runyon
He can file a personal bankruptcy without you. Talk to a divorce attorney and your tax person about your remaining questions.
Answered on Feb 03rd, 2012 at 1:02 PM
Bankruptcy Attorney serving Seattle, WA
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Symmes Law Group, PLLC
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Yes he can file bankruptcy and taxes without you, however if you live together he will need to obtain your income information. If he files and you don't, then you may be liable for any debts incurred while you were married as CA is a community property state.
Answered on Feb 03rd, 2012 at 1:02 PM