If I File for Bankruptcy, Does my Spouse have to File for Bankruptcy?
You will need to make sure both spouses are not responsible for the debt.
Three (3) ways to determine if you are responsible for a debt include
(1) whether you have signing authority (if you do, you are most likely responsible for the debt)
(2) whether the bill coming is in your name (if it is, you are most likely responsible for the debt)
(3) whether the debt is on your credit report (if it is, you are most likely responsible for the debt)
If you dispute a debt that is listed on your credit report, we will give you a guide to disputing your credit report.
In cases where both a husband and wife have a lot of debt, either individually or jointly, it makes sense and saves money for them to both file a joint case (but it is not required).
In the alternative, if you do not have joint debt, one spouse’s filing Bankruptcy will not affect the other spouse’s credit.
You will still be responsible for paying the non-filing spouse’s debt if he/she decides not to file for bankruptcy.