Does My Spouse Have to File Bankruptcy with Me?

Your spouse may not have to file bankruptcy with you, but make sure that you understand your options. If you are planning to file bankruptcy in Columbus, Ohio, and you are married, contact the debt attorneys at Jump Legal to make sure you file correctly.

Common questions about bankruptcy within a marriage include:

  • Do I have to file bankruptcy with my husband/wife?
  • Does my husband/wife have to file bankruptcy with me?

The answer to both questions is, “No.” One spouse’s debts do not translate to the other spouse. If only one partner in the marriage owes the debt, then that person should be the one who files for bankruptcy.

Your spouse’s bankruptcy will not show up on your credit report.

People also wonder if their spouse’s bankruptcy will affect their credit report. As long as the debt is only in one spouse’s name, the bankruptcy will not affect the non-filing spouse.

On the other hand if you have joint debt with your husband or wife, then your credit can be affected by your spouse’s bankruptcy which can make it more difficult to get approved for a joint loan in the future.

Joint Debt and Bankruptcy Options

Chapter 7 Bankruptcy

If you and your spouse owe debt together and only one person files for bankruptcy, creditors can go after the non-filing spouse for payment.

Chapter 13 Bankruptcy

If you and your spouse owe debt together and only one person files for bankruptcy, creditors will leave the non-filing spouse alone as long as the filing spouse makes payments on schedule per the terms of the Chapter 13 plan.

One exception to this rule is regarding debts owed to the Internal Revenue Service (IRS). There is no protection for tax debts incurred through the filing of a joint tax return and only one spouse has filed for Chapter 13.

Your debt may have nothing to do with your spouse. It may be a result of small business vendor debt, credit card debt, medical bills, and debt from a prior marriage or prior lifestyle. The bankruptcy attorneys at Jump Legal can help you file for bankruptcy within your marriage while protecting your spouse.

Our Columbus, Ohio, credit attorneys can help get rid of your debt and change your life; but you can’t change your financial future until you start the process. Contact us today to schedule a free initial consultation; you will always speak with an attorney and all communications remain confidential.

Contact Jump Legal Group