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Should You File Bankruptcy With Your Spouse?

Posted By admin || 20-May-2009

Many married debtors are confused about whether they should file bankruptcy together or not.

There are some benefits to filing bankruptcy as a couple and you should do so if one of the following situations exists:

  1. Your spouse has significant debts that would be dischargeable in bankruptcy.
  2. You spouse is legally responsible for the debts you intend to discharge in bankruptcy. If your spouse signed/co-signed an agreement to pay the debt then they are considered legally responsible for the debt.
  3. You live in a community property state which would make your spouse liable for any debts you have incurred during the marriage.

If you and your spouse jointly owe debts and you still want to file bankruptcy alone, you would need to pay those joint debts in order to protect your spouse from lawsuits.  Generally speaking it is rarely beneficial to file bankruptcy alone if you're married, however there are exceptions.   Contact a Dallas-Fort Worth bankruptcy attorney to discuss which option is best for you.

Categories: Bankruptcy
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