Can You File Bankruptcy Without Your Spouse?

in User Help Last updated Jun 07, 2018

You might be surprised at how often people ask this bankruptcy question. Declaring bankruptcy when you are in a marriage means that there are others to be considered and the process is much more complicated than if you were on your own. There is information you must be aware of when filing a bankruptcy without your spouse before you start the process.

What If You Have Joint Accounts?

Most couples decide to have a joint account they can use for income collection, paying household bills, spending, etc. The decision to have a joint account can be very beneficial when you and your spouse are trying to manage a household together.  But the answer to this question is yes.  You still can file for bankruptcy independently when you have joint bank accounts with your spouse. 

How Does This Will Affect My Spouse?

If you are filing to declare bankruptcy on your own behalf, you must be aware that your spouse will receive the remaining debts that the joint account has. Be sure that the two of you are fully aware of the consequences before starting the bankruptcy process. Ask an attorney during your consultation session to get a clear idea of how the process will affect your entire family. Choose the right bankruptcy chapter to ensure that the declared bankruptcy will help you with your future goals.

There are many reasons why people declare bankruptcy on their own. One of the most common is to preserve their spouse’s credit score. Declaring bankruptcy could be the best way for you to manage your finances that have already gotten out of control. You and your spouse must talk with each other and an attorney before deciding to declare bankruptcy and start the filing process.


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