How to File Bankruptcy and Not Include My Wife

Federal bankruptcy laws give a husband and wife the option of filing for bankruptcy jointly or individually. It is possible for just the husband to file while not including the wife. A husband filing as an individual protects the wife from the embarrassment of bankruptcy, including severe damage to her credit report. The bankruptcy will show on the husband's credit report for a minimum of ten years but will not show on the wife's credit report.

Instructions

1

Schedule consultations with bankruptcy attorneys and include your wife in the discussions. Many bankruptcy attorneys offer free initial consultations, and meeting with more than one attorney allows you to ask more questions about the overall bankruptcy process and the implications of filing without including your wife.

2

Compile a list of all debts that you believe you are solely responsible for, such as a credit card in your name only. Get a list of your debts from your credit report or from billing statements. Get free copies of your credit report from AnnualCreditReport.com. The Federal Trade Commission endorses the site as a source for free credit reports. Also, talk with your wife to make a list of debts in her name only, along with a list of debts you share as joint borrowers.

3

Review your debts to determine how a solo bankruptcy could help you and your wife. Federal bankruptcy laws will not allow you to include your wife's debts in the bankruptcy. Accounts in her name only will remain after your bankruptcy. Also, if the two of you are joint borrowers on a credit card, the bank can still hold her responsible for the entire balance on the card after your bankruptcy. However, a solo bankruptcy could be ideal if most of the household debt is in your name only.

4

Ask a bankruptcy attorney about special issues regarding debts if you live in a community property state such as California. Bankrate reports that in community property states creditors may have the right to sue your wife for debts that were in your name only, even if you file for bankruptcy.

5

Choose a type of bankruptcy. Most individuals select Chapter 7, which eliminates unsecured debts such as credit cards, in just a few months. Others who cannot qualify for Chapter 7 choose Chapter 13, which requires payment plans lasting three to five years. Chapter 7 has income restrictions that vary by state. A bankruptcy attorney can tell you about laws in your state and help you determine the best form of bankruptcy for your situation.

6

File for bankruptcy as an individual after carefully reviewing advice from attorneys, community property laws, if applicable, and an overall analysis of all debt owed by you and your spouse.