QUESTION
If both husband and wife are on the deed for the house, can just one of them file bankrutpcy?
Asked on Sep 09th, 2013 on Bankruptcy - New Jersey
More details to this question:
My wife and I are both on the deed to our house and I am in early stages of filing bankruptcy. Because we're both on the deed, will she need to file too?
15 ANSWERS
Bankruptcy Attorney serving Florissant, MO
at
Law Offices of Thomas Corcoran Phipps
Update Your Profile
No. Each individual has the right to file a bankruptcy case.
Answered on Oct 25th, 2013 at 4:06 PM
It all depends on the objectives you have in doing bankruptcy.
Answered on Sep 17th, 2013 at 1:14 AM
Chapter 7 Bankruptcy Attorney serving Salt Lake City, UT
at
Linda D. Smith, P.C.
Update Your Profile
No, just because you are both on the deed to the house doesn't mean you have to both file, however, there are other implications regarding your house and the equity etc. which may affect you both.
Answered on Sep 12th, 2013 at 10:16 PM
Bankruptcy Chapter 7 Attorney serving Austin, TX
at
The Law Offices of Sean T. Flynn, PLLC
Update Your Profile
She does not need to file, although she will not be discharged.
Answered on Sep 11th, 2013 at 8:38 PM
No, your wife will not be required to file bankruptcy if you decided to do so.
Answered on Sep 11th, 2013 at 12:44 PM
Bankruptcy Attorney serving Seattle, WA
at
The Law Office of Marc S. Stern
Update Your Profile
She does not need to file.
Answered on Sep 10th, 2013 at 12:17 PM
Take this question up with your attorney. There are pros and cons. But, if you are trying to save the house, in general either one of you filing will work.
Answered on Sep 10th, 2013 at 11:35 AM
2 Awards
It depends on what you want to have happen to the house. If you want to discharge both of your obligation to pay, then yes she will need to file also.
Answered on Sep 10th, 2013 at 11:18 AM
Deborah F. Bowinski
You can file individually, but whether that makes sense is a different question. Do you plan to keep the house or surrender it? Are there other joint debts? Will your wife be left with debt obligations after you receive your discharge? You (and your wife) should sit down with an attorney to determine what the best way to proceed will be.
Answered on Sep 10th, 2013 at 9:35 AM
Bankruptcy Chapter 7 Attorney serving Fort Collins, CO
at
The Salas Law Firm LLC
Update Your Profile
Yes, one married spouse may file without the other. The impact on the non-filing spouse in theory is minimal.
Answered on Sep 10th, 2013 at 9:26 AM
Sanford M. Martin
No, both must not file for bankruptcy. However, you should consider whether bankruptcy will provide any benefits or options regarding your house. Bankruptcy will not stop foreclosure. Consider your financial situation and the reason for bankruptcy.
Answered on Sep 10th, 2013 at 9:25 AM
Bankruptcy Attorney serving Dallas, TX
at
Polk & Associates
Update Your Profile
No, the bankruptcy law does not make it mandatory that both spouses file although be aware that there may be very good strategic reasons for doing so.
Answered on Sep 10th, 2013 at 7:52 AM
Litigation Attorney serving Stockton, CA
at
Patrick Jay Edaburn
Update Your Profile
It depends more on how the debts are allocated. If you file bankruptcy alone (which is allowed) then your debts will be cleared (assuming they are debts eligible for discharge) but hers will not be. So for example if you are both on the home loan then she would still be liable. You should consult an attorney to determine your best course.
Answered on Sep 10th, 2013 at 4:40 AM
Personal Injury Attorney serving Glendale, CA
at
JT Legal Group
Update Your Profile
She won't need to file, however, I'd get an actual attorney (legit one that doesn't cost 999) to look at your situation and let you know what the best course of action is.
Answered on Sep 10th, 2013 at 4:37 AM
General Law Attorney serving Cherry Hill, NJ
at
Mark S. Cherry, Attorney at Law, PC
Update Your Profile
Possibly, but it is a decision that is fact specific in each case.
Answered on Sep 10th, 2013 at 4:37 AM