Should I file bankruptcy

Perspective on Bankruptcy bill

Choices for failed start up

Credit repair

Creditor rights

Small business bankruptcy

Debts & elders

FAQ

Site guide

Meet our lawyers

Table of contents

Search the site                   

Books on bankruptcy

Bankruptcy in Brief

             a service of the Moran Law Group
 

Does my spouse have to file bankruptcy with me?   

No, you may file without your spouse.  The effect on your spouse and any debts you have jointly will vary depending on the marital property laws in your state. 

In community property states, all of the community property (the debtor's half and the non debtor's half) becomes property of the estate.  In return, the community property acquired by a debtor and his non debtor spouse after the bankruptcy is not liable for payment of community claims listed in the bankruptcy though the non debtor spouse may have liability to the extent of the non debtor's separate property.

More on the impact of filing without your spouse

  More on single spouse filing and the discharge of debts of the spouses

  Bankruptcy issues for Californians

    Back to bankruptcy FAQs

 

Moran Law Group

1674 N. Shoreline Blvd. Suite 140 Mt. View  CA    650-694 4700  
lawyers@moranlaw.net
  ©  Moran Law Group 1998-2008

Founding member of the BankruptcyLawNetwork- Real Lawyers Real Solutions

 
2/6/08