Are you ready to file for bankruptcy, but your spouse is against the idea? You are not alone. Bankruptcy can be a scary endeavor, especially if you or your spouse have misconceptions about the process and results. Here’s what you need to know:
Why Should You File Together?
When a couple files together, they can both benefit from the fresh start as one. It also will reduce future complications with your shared debt and assets.
What Happens If My Spouse Is Unwilling to File With Me?
Whether your spouse has previously filed and is unable to file again yet or they just do not want to file, you are able to file on your own. However, your spouse will still need to provide the following:
- The non-filing spouse’s income will be used to calculate the total household income, which may disqualify the filing spouse from filing a Chapter 7 petition.
- Any joint debts held, may put the non-filing spouse at risk from creditor pursuits. Also, creditors can pursue any non-exempt property the non-filing spouse owns that is not protected in the bankruptcy.
You and your spouse should carefully consider all possibilities when filing for bankruptcy. Speak with your attorney together to make sure that both of your financial situations are protected.
Need More Information?
At the Law Office of Daniela Romero, we believe in relationships that are based on trust. Before we work together, we would like to get to know you and we would like you to get to know us. We want you to be sure you are the right fit for us and that we are the perfect fit for you. This will allow you to be completely comfortable sharing intimate and difficult details of your case, so we can offer you representation to the fullest extent of the law. Call us today to set up a free consultation.