Does my spouse have to file bankruptcy?

 

No, however the spouse that does not file joint bankruptcy will not receive the benefits of bankruptcy. In other words, if the non-filing spouse is jointly liable on certain debts, he or she will remain liable for those debts if the filing spouse filed for a chapter 7 bankruptcy .

He or she may also remain liable for any amount not paid for in the filing spouse’sChapter 13 bankruptcy. On the other hand, the non-filing spouse will not have bankruptcy noted on his or her credit report. 

Therefore, if the debts you owe are also owed by your spouse, or co-signed by your spouse, it would be to beneficial to file bankruptcy together as a married couple. If most of the debts are in your name only, you may consider filing a bankruptcy as the sole debtor.

If you live in a “community property” state — Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington or Wisconsin — most property is equally owned by both husband and wife regardless of the name of the person on the title or mortgage.