Yes, a married person can file bankruptcy alone, without his or her spouse. But, sometimes it can be complex. Questions of what property might be affected, what debts might be affected, and whether you are eligible all will depend on issues relating to your marriage. Read more on my website at http://www.armstrongattorneys.com/dallas-bankruptcy/faqs/ and find a bankruptcy attorney in your area to assist you.
I am licensed only in Texas. Offering information of a general nature in response to a question is not intended to be legal advice in your state.
You will be required to reveal all assets, including your community interests in her things also. Credit reporting agencies can report your bankruptcy filing on joint credit reports, as far as I know, but must also list who actually filed. Most of the credit reports I have seen after filing have the information mixed up. But the bankruptcy must be separated from your wife's credit. Best to get with an experienced bankruptcy attorney. Many factors need to be discussed. Length of marriage, separate assets...
In a simple answer, "Yes" you can file bankruptcy without your spouse having to file bankruptcy. When one person files for bankruptcy, the other is not automatically pulled into bankruptcy just because they are married. On the other hand, though, filing bankruptcy can sometimes leave the non-filing spouse unprotected as he or she may owe shared debts without the protection of a bankruptcy filing. If your wife's name is on a shared debt, the debt will still be of her responsibility.
Many people have the mistaken belief that because you are married, your spouse is automatically responsible for your debts. This is just not the case. Since a bankruptcy can be filed by one spouse without the other, there are several aspects of the answer. You should contact an experienced bankruptcy attorney and get advice before proceeding with a bankruptcy filing.
A bankruptcy filing by one spouse does not automatically bring the other spouse into bankruptcy. That being said, the Chapter 7 or Chapter 13 bankruptcy being filed by the one spouse does not give the non filing spouse the full protection of the automatic stay or the bankruptcy discharge. Contact a local bankruptcy attorney as I am sure they will be able to help you out. Many decent bankruptcy attorneys offer free consultations in which you can get your questions answered.
I hope that you found this information helpful.
Parker Evan Bornmann
The Bornmann Law Group
Mesa | Phoenix | Tucson | Glendale
Contact me directly at 480-833-8000 for a free (1 Hour) consultation. I have law offices conveniently located in Mesa, Glendale, and Tucson, Arizona. You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information. http://www.bankruptcy-az.com