Your bankruptcy will have no effect on your spouse and it will have no effect on his debts. You should file innocent spouse papers with the IRS.

Answer Applies to: Michigan
Replied: 10/5/2011

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yes, you can file without him... the IRS debt will not be eliminated if if not more than 3 years old.

Answer Applies to: California
Replied: 9/21/2011

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Yes, you can file bankruptcy without your husband. Bankruptcy will eliminate your duty to pay the taxes, but your husband will still have to pay the tax debt since he didn't file bankruptcy.

Answer Applies to: Colorado
Replied: 9/20/2011

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Yes you can file separately from your husband but we need to discuss whether you can discharge the taxes or not.

Answer Applies to: Georgia
Replied: 9/20/2011

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Either spouse can file a bankruptcy petition. In a situation where IRS debt is owed by the non-filing spouse, this is a non-dischargeable debt unless the "innocent spouse" rule applies.

Answer Applies to: California
Replied: 9/20/2011

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If you qualify for bankruptcy, you can file by yourself. However, IRS debt is not dischargeable unless it is more than 3 years old. You would also have to include your husband's income and assets, because it is a community property state.

Answer Applies to: California
Replied: 9/20/2011

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A married couple can file bankruptcy together or alone. You need to consult with a bankruptcy attorney so they can assess your situation. It may make more economic sense for you both to file together. The attorney will look at your financial picture, your joint assets, your income, your debt and tell you the different options. With the huge tax debt make sure the attorney you consult with knows tax law as it relates to bankruptcy. All bankruptcy attorneys offer a free initial consultation to assess your situation, call and schedule an appointment with one today.

Answer Applies to: California
Replied: 9/20/2011

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You can file without your husband, but IRS debt may depend on filing status not on bankruptcy. Best to consult with an experienced attorney with tax expertise.

Answer Applies to: Colorado
Replied: 9/20/2011

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You can file bankruptcy without your husband but it will not eliminate any debts that you are jointly liable for. He would just become 100% liable for them. As for the income tax, You would probably be better off seeing a tax accountant and amending your return so that you file separately for the year and then filing for injured spouse relief so that you are not held liable for the taxes. Taxes generally are not dischargeable and you presumed to be responsible for 50% since you obviously lived off the fruits of his labor since you were not working. This can be a very complicated matter, but don't ignore it. Get it taken care of or it will just get worse! Good luck!

Answer Applies to: Michigan
Replied: 9/20/2011

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You can certainly file a BK yourself. It will discharge your obligation on marital debt but your husband will remain responsible. It sounds like most of the debt is his. If so, it would be better to file jointly, but if he won't file you can protect yourself. Tax debt is sometimes dischargeable in a Ch 7. It has to be for tax debt at least three years old and the tax returns had to have been filed on time. There are other requirements. You should consult with a BK lawyer with experience in this area.

Answer Applies to: Colorado
Replied: 9/20/2011

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You can file bankruptcy as an individual, however in this case there is no point in doing so. Debts for taxes are, with a few exceptions, nondischargeable in bankruptcy. You should consult a bankruptcy attorney to see whether any exception might apply. But the more effective thing to do is to contact the IRS and establish a payment plan to which they agree. They will often reduce the amount owed when it is shown that the taxpayer can never pay the full amount.

Answer Applies to: California
Replied: 9/20/2011

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One spouse can file bankruptcy without the other but it will not eliminate the responsibility of the non-filing spouse on joint debts. Some tax debts are dischargable, but it depends on the nature and age of the tax debts, among other things.

Answer Applies to: Indiana
Replied: 9/19/2011

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You can file without him. Tax debts assessed more than three years ago can be discharged. Anything you get a discharge on will not absolve your non filing husband. Thanks for tuning in.

Answer Applies to: Connecticut
Replied: 9/19/2011

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Yes you can file by yourself. In some limited circumstances it will eliminate IRS debt. You have not provided that information.

Answer Applies to: Michigan
Replied: 9/19/2011

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Yes. Your husband would be considered a non filing spouse.

Answer Applies to: Wisconsin
Replied: 9/19/2011

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Get a lawyer. Bankruptcy eliminates some but not all tax debts and you need experienced counsel. You may be able to file on your own.

Answer Applies to: Georgia
Replied: 9/19/2011

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You can file however income taxes cannot be avoided in Bankruptcy Court.

Answer Applies to: Georgia
Replied: 9/19/2011

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You can file without your husband. The next question is whether you should file without your husband. As far as the IRS debt. It is possible to discharge tax debt, but it must be 3 years old, the return must be filed for at least 2 years and the taxes must have been assessed for at least 240 days. Otherwise, the tax is non-dischargable. Also, even if the tax debt is dischargable, if your husband doesn't file bankruptcy he could still be personally liable on the debt even if you file and get a discharge.

Answer Applies to: Arizona
Replied: 9/19/2011

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Yes you can file bankruptcy separately from your husband but discharging income taxes is very tricky. My advice is you see a bankruptcy attorney about this.

Answer Applies to: California
Replied: 9/19/2011

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