Normally there is no need to file with your wife if you have no debts to discharge in bankruptcy or very little debt and it is not worthwhile to be involved in the bankrutpcy case. Her debts cannot be collected from the community property. Your separate property can be taken to pay some debts of your wife that are necessaries of life (which usually is medical treatment) but creditors almost never bother to sue the spouse who is not on the contract. I would not worry about it. If she files alone then her debts will be gone and there is only a very remote chance that the creditors will go after you for those special types of debts and only if you have property which is not community property. It sounds like she should file alone unless you need to file because of debts in your name. It is cheaper to file jointly if still married assuming you both need to file so you should take the opportunity if you need to file because of your own debts. Her schooling debts, if student loans, are not generally dischargeable in bankruptcy. If she dies without filing for bankruptcy then the community property would be liable for her debts but, again, rarely do creditors go after that because of the difficulties of the case and other complications that makes it very hard to collect against the surviving spouse or the heirs unless the estate of the dead spouse is probated and there are assets to distribute.
Answered on Feb 27th, 2012 at 12:05 PM