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Does my spouse have to file bankruptcy with me?

Does my spouse have to file bankruptcy with me?

: Richard West Law Office

Married people are permitted to file individual bankruptcies. It is not necessary to have your spouse join in your bankruptcy when you file. However, if most of the debt in a consumer’s household is joint or if the couple has been married for a very long period of time, it may make more sense to file a joint case. And this is true even if all of the bills have been in one spouses name for a long time. The court looks at the overall circumstances of the consumer’s situation and makes a determination as to whether or not an individual spouse filing without the other spouse is a good-faith filing in bankruptcy. If the filing is in good faith then the court can approve it. However if the filing is not in good faith – then the court will dismiss the case.

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