How Can I File Bankruptcy if My Wife Doesn't Want to?

Most couples out there would take a step like filing for bankruptcy protection together. However it is not always something that both parties want to do. And you know what? That's okay.

There have been hundreds (probably thousands, when I really think about it) of cases where a husband, or a wife, but not both has filed bankruptcy. While it makes sense in a some cases where both spouses have a lot of joint debt, it's definitely never a requirement that both husband and wife have to file. There are actually some situations in which it makes no sense for both the husband and wife to file.

For example, if the debt that's causing you to struggle is your own debt (and not joint, marital debt), it might be easier on your marriage if you file solo.

If one of the spouses will need to take out a loan soon, it's usually best that they don't file. This is sometimes a useful strategy to help the couple rebuild credit even before the case is completed.

Another example of this is when the couple owns a property that they purchased together in the marriage and there is a lot of equity. If they file together, they could potentially lose that property to creditors, but if the debt is not joint, one spouse can file and be able to protect the property from creditors in its entirety

Finally, there are some situations where it would be better for a person to wait a few months before filing bankruptcy. If that ends up being the case, it may make more sense for the spouses to file separately;one now, and the other to wait.

Whether or not you plan to file with them, bankruptcy is a big decision and something you should always discuss with your spouse. If you do find that you need to file separately, it's important to consider any joint debts, as well. If you file bankruptcy, your creditors can't come after you. But if there are two names listed on the debt, and one of them files for bankruptcy protection while the other doesn't…. who do you think is going to start receiving a lot of phone calls?

Filing for bankruptcy is a big step, and deciding whether or not to file with your spouse is one of the many complicated questions it brings up. The best kind of bankruptcy attorney will get in-depth with you and go over all of this information to help you make your decision.

About the Author

James Brown is a personal bankruptcy attorney in St. Louis, Missouri. He has filed over 30,000 bankruptcy cases and published many books and articles. You can request his free Missouri and Illinois bankruptcy guide for the best tips on how to prepare for your bankruptcy and find a great bankruptcy attorney.

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