Does individual bankruptcy filing affect the spouse?
Everyone in the US, married or single, is entitled to file bankruptcy individually (i.e., not jointly with a spouse). People who are legally married MAY if they wish, file bankruptcy jointly with their legal spouse but they do not have to. Credit reporting agencies are prohibited from reporting your bankruptcy on your husband’s credit report unless he is a joint filer of the bankruptcy or a co-debtor on any of your debts. If you live in a community property state, your individual filing will discharge your personal debts, but not “community” debts. For better answers about how this will affect you in particular, make an in-person appointment with a local bankruptcy attorney. Most offer one free or very low cost appointment for the purpose of discussing these kinds of issues and helping you determine what – exactly – bankruptcy would mean and what it would do for you in your specific situation.
