If you file bankruptcy, do you have to file with your spouse?

Victoria Maydanik California bankruptcy

If you are married, you don’t have to file together with your wife or husband. You can file separate cases, or you may resolve your debts through the bankruptcy case while your spouse tries another route.

That said, remember that all of your household’s income, assets and expenses will be considered by the court when determining how much you can afford to pay back creditors. Also, some debts may be “community” debts even if only one spouse’s name is on the account – the creditor may try to get something from the non-filing spouse on the theory that he or she also benefited from the use of that account.

Last but not the least, if you are able to file together if often makes it easier for you both to get a fresh start, and to have a clear unified plan as to how to get ahead financially.