Married and Filing for Bankruptcy

If you are married and filing for bankruptcy, it is important to think about how it will affect your spouse. When a person is married, then both that person and their spouse are basically co-signers on any credit cards and bank accounts held jointly. So, if your spouse files for bankruptcy, then you are both affected by the consequences. For example, if one spouse files for bankruptcy, and his or her debts are discharged, it is possible for creditors to look to the non-bankrupt spouse to collect the debts. A Maryland bankruptcy attorney can help you to protect your spouse as much as possible. However, if your spouse is not liable in any way for the debt, then the credit agency cannot collect from them. It can be difficult to determine if your spouse is liable for your debt.

It may be better for a spouse to file for bankruptcy in Maryland than in some other states. This is because Maryland is not a community property state, it is an equitable distribution state. When you are married and live in a community property state, your spouse is liable for your debt and you are liable for your spouse’s debt. So, the property of the spouse not filing for bankruptcy can be seized to pay for their husband or wife’s debt. In Maryland, only joint property can be seized. Bankruptcy law can be complicated. It is best to obtain the legal advice of a Maryland bankruptcy attorney so that you can protect the assets of your spouse as best as possible.

If you are thinking about filing for bankruptcy in Maryland, contact The Law Offices of David L. Ruben. We are Maryland bankruptcy lawyers practicing in Anne Arundel County, Howard County, Baltimore County, Montgomery County, Baltimore, Columbia, Glen Burnie, Hanover, Laurel, Towson and throughout the state. Call (410) 766-4044 or e-mail us at