Filing Bankruptcy Without Your Spouse -- Individual vs Joint Filing

Filing Bankruptcy Without Your Spouse

You do not need your spouse's consent or participation to file bankruptcy. Many people file individually while married. Key considerations:

• Separate debts: If the debt is in your name only, individual filing makes sense. Your discharge does not affect your spouse's credit or obligations.
• Joint debts: Creditors can still pursue your spouse for joint debts after your filing. Chapter 13's co-debtor stay (Section 1301) provides temporary protection.
• Means test: Your spouse's income is included in the means test even if they do not file. You can deduct their share of expenses.
• Property: In common law states, only your property is included in the estate. Your spouse's separate property is not at risk.
• Community property states: In AZ, CA, ID, LA, NV, NM, TX, WA, and WI, community property may be included in your estate even if your spouse does not file.