Can I file for bankruptcy as an individual if I am married?

UPDATED: Jan 3, 2012

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Can I file for bankruptcy as an individual if I am married?

My husband does not need to file for bankruptcy.

Asked on January 3, 2012 under Bankruptcy Law, Illinois


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

Answered 11 years ago | Contributor

You can be married and file for bankruptcy separately. If fact, if you have separate bank accounts and other assets than your filing should not affect your husband in anyway. However, if you have joint accounts or assets (that are not exempted by law), then your bankruptcy will affect your spouse.  So you need to be aware of that.

Further, unless you are legally separated and living apart, your hudband's income and expenses are required to be disclosed so that the court, the trustee and creditors can evaluate your household's income (although this in no way obligates your spouse either legally or financially). 

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.

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