Does My Spouse Have to File Bankruptcy With Me?

No, your spouse does not have to file bankruptcy with you. There is no law stating that both people in a marriage must file bankruptcy. A married person can file a single bankruptcy.

If a married person does decide to file without their spouse, some information from the non-filing spouse would be needed. The non-filing spouse’s income would have to be listed in order to do the means test and any joint property owned would also need to be listed.

If any of the debt is in both your names, then you would want to consider having your spouse file. Once the debtor files bankruptcy, the co-debtor becomes solely liable for the debt.

For example, if you and your spouse have both your names on a credit card, your spouse will become responsible for the debt once you file bankruptcy. Depending on the amount of debt and your individual situation, you may consider both filing bankruptcy.

It is not mandatory for a married couple to file bankruptcy jointly. Each couples individual circumstances will determine whether or not it is in their best interest to both file bankruptcy.

The Maryland Bankruptcy Center has experienced attorneys who can help you file Chapter Seven or Chapter Thirteen Bankruptcy anywhere in Maryland. Our fees are affordable and our service is excellent. Call 1-800-NEW-START to speak with an attorney for free.

David L. Ruben, Esquire

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