Do I need to file with my spouse?

The bankruptcy code provides the option for married couples to file bankruptcy together with a single joint petition. It is only an option, and both spouses do not need to file bankruptcy. Bankruptcy remains an individual choice and option for each spouse.

Depending on who in the household is liable on debts and who is legal owner of household assets, it may be particularly advisable for both husband and wife to file, or it may be best for only one spouse to file. Generally, income of both spouses is considered during the bankruptcy process, regardless of whether one or both spouses file, if it goes towards household expenses. Please note that is not generally advisable to transfer assets amongst spouses prior to a bankruptcy filing without consulting a bankruptcy attorney about whether the transfer would create legal liability.

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