Can I file bankruptcy without my spouse?
CAwillow_oak1 month ago
My spouse and I are still married but the debt is all in my name. Can I file alone?
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✓ Verified answer from a licensed attorney — shown first
Yes — there's no requirement that spouses file together. In community-property states (CA, AZ, TX, etc.), there's a wrinkle called the 'phantom discharge' or 'community discharge' — a non-filing spouse in a community-property state gets some benefit because creditors generally can't reach community assets after one spouse's discharge. You'll need to disclose your spouse's income on the means test (household income), but their separate-property assets and individual debts aren't on the petition. Worth a 30-minute consult to map out what stays affected.
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Please readThis is a community space for sharing personal experience — it is not legal advice, and posts here are not from Lawma or your attorney. We strongly encourage you to post under an anonymous handle, keep questions general, and avoid posting private details of your active case. For advice about your own situation, message your attorney.