‘Till Debt Do You Part? One of the most frequently asked questions about filing bankruptcy is, “Can I file without involving my husband/wife?” In most cases, the answer is, “Yes.” However, there are a few instances where the person not filing is affected as a result of the bankruptcy.
The credit report for the husband/wife who is not filing bankruptcy should remain unaffected. For example, if husband is filing and wife is not, husband’s bankruptcy will not and should not show up on wife’s credit report.
One thing you should know though, is if you have joint debt and husband files, wife will then be solely legally responsible for the debt. In many instances this fact will result in what attorneys refer to as a joint filing. This means that both husband and wife will file together. If husband files first and then wife decides to file then you will incur duplicate attorneys fees and costs. So discuss your options before deciding how to proceed.
The non-filing spouse’s income can affect the person filing bankruptcy as it relates to household size and household income. When you speak to an attorney they will discuss this further with you.
The information above applies to all states and counties as the Bankruptcy Code is a federal law.