Can I File for Bankruptcy Without My Spouse?

Types of Bankruptcy

1. Chapter 7 Bankruptcy:
   • Individual Filing: If you file for Chapter 7 bankruptcy individually, only your debts and assets will be considered. Your spouse’s income and assets are generally not included, but their income may be considered to determine your eligibility based on the means test.
   • Means Test: The means test considers household income, so your spouse’s income might be included to determine if you qualify for Chapter 7.
2. Chapter 13 Bankruptcy:
   • Individual Filing: In a Chapter 13 bankruptcy, your repayment plan will be based on your individual income and debts. However, the household income, including your spouse’s income, may be considered to determine your repayment ability.
   • Repayment Plan: Your spouse is not directly involved in the repayment plan, but their income may affect the overall household budget and repayment amount.

Considerations

1. Joint Debts:
   • If you and your spouse have joint debts, your bankruptcy filing will impact those debts. For example, if you discharge a joint debt in your bankruptcy, your spouse will still be responsible for repaying it unless they also file for bankruptcy.
2. Property and Assets:
   • Community Property States: In community property states, most property acquired during the marriage is considered jointly owned, regardless of whose name is on the title. Filing for bankruptcy in these states may involve both spouses’ property.
   • Non-Community Property States: In non-community property states, the bankruptcy will generally only affect the filing spouse’s assets.
3. Impact on Spouse’s Credit:
   • Filing for bankruptcy individually will not directly impact your spouse’s credit score. However, if you have joint accounts or debts, your bankruptcy can affect their credit indirectly.
4. Income Considerations:
   • Even if your spouse is not filing, their income may be considered to determine your eligibility for bankruptcy and the terms of your repayment plan. This is especially relevant in Chapter 13 filings.

Benefits of Individual Filing

• Separate Finances: If your spouse has a good credit score and separate finances, filing individually can help protect their credit.
• Targeted Debt Relief: Allows you to address your debts specifically without involving your spouse.

When to Consider Joint Filing

• Significant Joint Debts: If you and your spouse have significant joint debts, filing together may provide more comprehensive debt relief.
• Combined Financial Issues: If both spouses are facing financial difficulties, joint filing can streamline the process and reduce overall legal fees.

Legal Advice

• Consult an Attorney: It’s important to consult with a bankruptcy attorney to understand the implications of filing individually versus jointly. An attorney can help you navigate the complexities of the process and determine the best course of action based on your specific situation.