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What happens if one spouse files for bankruptcy and the other does not?
Answered By Editor
If all or most of the debts are in your name
only, your spouse may not have to file.
Creditors usually cannot pursue a non-filing
spouse, unless he or she is legally a
co-debtor on the debt. Additionally, the
bankruptcy should not be reflected on the
non-filing spouse's credit report. The law
does vary, however, from state to state, so
make sure you ask a bankruptcy attorney about
whether or not your spouse must file.
Likewise, if both spouses have signed as
co-debtors on most debts, it may be best for
both to file. In this case, if one files and
the other does not, the non-filing spouse may
be left having to pay for all outstanding debts.
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| Debt Relief | Filing For Bankruptcy | Bankruptcy Filing
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