If I'm Married, Will Bankruptcy Affect my Spouse?
If you are married, you can still file for bankruptcy on your own. Unfortunately,
your spouse will still be liable for any joint debts that you have together.
If you file jointly, it can come with one added advantage. Oftentimes
those who file jointly are able to double their exemptions. In some cases
where only one spouse has debts or one spouse has debts that are not dischargeable
it may be best to file separately.
Spouses that have joint debts may see the bankruptcy affect both credit
scores. For example, if one spouse discharges a joint debt, chances are
that it will show up on the other spouse's credit report. If your
spouse already has poor credit, this can be devastating and frustrating.
Every bankruptcy situation is different, so we highly recommend you talk
with a Detroit bankruptcy attorney before deciding whether to file as
an individual or together for bankruptcy. Remember that if your debts
are solely yours, or were acquired prior to the marriage, they should
not have an impact on your spouse or your spouse's credit rating.
Only debts accumulated jointly have this affect. If your spouse has not
co-signed or guaranteed any of your debts, then those debts belong solely
to you. If your spouse has underwritten any of your debts, then your spouse
will become fully liable for those debts if you file for bankruptcy. You
need to contact an attorney at the firm today if you want more information.
Our team of dedicated attorneys is here to help you through your case.
We will do everything possible to facilitate a satisfactory result.
If you are ready to review your specific options, you can get personalized
answers in a free case consultation with our Detroit bankruptcy lawyer!
If you have any further questions about the bankruptcy process and what
it could mean for you and your family, you can
see if the answers are on our Bankruptcy FAQ page.