Yes, you can file without her. It's done all the time. Be careful because they will look at the community assets as well as her income in determining eligibility.

Answer Applies to: California
Replied: 9/6/2011

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Yes, but its silly. Shes liable for your debts as you are liable for hers. She should file with you so that all of your household debts are addressed at one time.

Answer Applies to: California
Replied: 9/6/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Married persons may file separate voluntary petitions, however, community property is part of the bankruptcy estate, and the non-filing spouse's income is factored in. In addition, a waiver of the right to claim certain state exemptions may be advisable. In short? Whether or not one spouse intends to file, both spouses should consult with counsel. The above answer may not address all issues related to the question, and may pertain to California law.

Answer Applies to: California
Replied: 9/5/2011

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Yes, but California is a community property state so you will have to list all of your wife's income and assets in your bankruptcy.

Answer Applies to: California
Replied: 9/2/2011

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Either spouse can file a bankruptcy. However, the availability of one set of exemptions is based on whether a spousal waiver is signed. This should not be an obstacle in most marriages but may be an obstacle if the spouses are separated or divorcing.

Answer Applies to: California
Replied: 9/2/2011

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Yes although you can run into problems here if you don't know what you're doing. Do yourself a favor and consult with a bankruptcy attorney.

Answer Applies to: California
Replied: 9/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Yes, you can file bankruptcy without your wife. Keep in mind that all the assets that belong to both of you must be disclosed to the court and her income must be included in your schedule I and on the means test. Most jurisdictions will require that your wife sign a waiver of exemptions if you are using Section 703 exemptions. U.

Answer Applies to: California
Replied: 9/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

You can file without your wife but her income and all the community property has to be listed in the petition.

Answer Applies to: California
Replied: 9/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Yes. There is no requirement that a husband and wife file together. However, the wife's property has to be included and her income has to be included to determine the means testing eligibility.

Answer Applies to: California
Replied: 9/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.