Can I file bankruptcy on my own or do my husband and I have to file together?

UPDATED: Aug 26, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 26, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I file bankruptcy on my own or do my husband and I have to file together?

I need to file bankruptcy. My house has been foreclosed. My debt is completely out of control. I do not know what chapter to file. I want to do this before my wages are garnished. However, my husband and I do not share our incomes, so, I will have to do this on my own.

Asked on August 26, 2011 Georgia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In some cases where only one spouse has debts (or one spouse has debts that are not dischargeable) it might be advisable to have only one spouse file. You must however be careful about filing separately if, as a couple, you own joint debt and property. Further, unless you are living apart and are legally separated, in a situation where only one spouse files, the income and expenses of the non-filing spouse is required to be provided so that the court, the trustee and the creditors can evaluate the household's income (however will not obligate your husband financially or in any way).

Since this can get a bit complicated and you are already a bit confused as to what chapter to even file, it's time to consult directly with a bankruptcy attorney in your area.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption