How to File Bankruptcy Separate From My Spouse
If you and your spouse have separate financial obligations and assets, you may wish to file bankruptcy separately. Bankruptcy filed as a couple imposes restrictions on assets owned by both parties. In a single bankruptcy, only the property and money of one spouse could be used to satisfy the bankruptcy court. Assets that are held jointly do not completely dissolve if only one party files bankruptcy --- your spouse would still be responsible for their half of the debt.
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Instructions
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Hire a bankruptcy lawyer. Your spouse's property and assets could be affected if you file for bankruptcy, depending on the marital property laws in your state. A bankruptcy lawyer will be able to advise you on whether filing for bankruptcy separately would protect her assets, like homes, cars and savings.
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Decide whether you want to file chapter 7 bankruptcy or chapter 13 bankruptcy. In chapter 7 bankruptcy, you can only include your debtors. In chapter 13, you can include your spouse's debts in your repayment plan. If you do not pay those creditors in full, however, he will still be responsible for the unpaid balance after the bankruptcy repayment plan has ended.
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Make a list of the debts you're including when you file for bankruptcy. Make a list of your assets. Do not include assets solely belonging to your spouse.
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File the forms to begin the bankruptcy process. Do not list your spouse as your joint filer. You will still have to name her in your personal information.
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Go through the bankruptcy hearings and complete the liquidation of assets or the repayment plan designated by the court.
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Tips & Warnings
Transferring property to your spouse to protect it from the bankruptcy court may be illegal and could result in your bankruptcy being overturned.
References
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