QUESTION
I would like to know if you could file bankruptcy on your own if you are married?
Asked on Jul 10th, 2012 on Bankruptcy - Texas
More details to this question:
I have been laid off 3 times and this has caused a financial problem. I tried to bring it up to my spouse but he does not want me to file.
7 ANSWERS
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Either spouse can file their own petition without the other spouse. However, to claim certain exemptions the non-filer must file a spousal waiver. Consult with an attorney as to the specific facts in your case.
Answered on Aug 10th, 2012 at 2:55 PM
You can file without your spouse, however, you will be required to disclose your spouse's income, and any assets owned by your spouse as well. Don't worry, it sounds worse than it is. It is not uncommon to have a filing spouse and non filing spouse in a BK.
Answered on Aug 10th, 2012 at 2:54 PM
Yes, but filing by yourself is like saying "there is a hole in your end of the boat?" Stop buying food and perhaps he will notice and listen.
Answered on Aug 09th, 2012 at 5:57 PM
Yes, you can. A husband or wife can file bankruptcy with or without his or her spouse.
Answered on Aug 09th, 2012 at 5:40 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If these are joint debts it will not do any good. All of the debts will become his responsibility. If you are not divorcing him the creditors will still come after him.
Answered on Aug 09th, 2012 at 5:21 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Yes. You can file by yourself without your spouse.
Answered on Aug 09th, 2012 at 2:23 PM
Criminal Defense Attorney serving Calabasas, CA
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Law Office of Bernal P. Ojeda
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Yes you can file separately from your husband however you need to disclose his income and all community assets. So his retirement, accounts, must also be disclosed.
Answered on Aug 09th, 2012 at 2:23 PM