If my wife files for bankruptcy in her name only, is my income also considered?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my wife files for bankruptcy in her name only, is my income also considered?

We were considering filing jointly as we have about 70k in unsecured debt. Income is about 55k but 50 of that is mine (wife only makes about 5k). She has about 20k of the 70k in her name only. We were considering just her filing to get rid of the 20k and then deal with the remainder for me.

Asked on July 17, 2011 under Bankruptcy Law, Georgia

Answers:

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

Answered 10 years ago | Contributor

The rule is that unless the filing spouse is living apart from the non-filing spouse and they are legally separated, the income and expenses of the non-filing spouse is required to be submitted to the court. This is so that the household's income can be more correctly evaluated. In your situation, you really should consult directly with a bankruptcy attorney. It may make sense in this case to file jointly considereing your finances. This is especially true if you have joint assets or any joint debts.


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 AttorneyPages.com 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 with SHA-256 Encryption