Do I Have to Include My Spouse in My Bankruptcy?

March 11, 2016

In the event you brought significant debt into your marriage which you incurred before you were married, certain states will consider that your separate debt, including Texas. If your spouse is not liable for your debt, such as it was incurred before the wedding, or they did not co-sign for the debt, an individual bankruptcy may be an option. Married debtors are able to file both Chapter 7 and Chapter 13 Bankruptcy individually. However, your spouse’s income may still influence which Chapter of Bankruptcy you ultimately file. Keep in mind that all household income, which includes your spouse, is used to determine your eligibility for bankruptcy. In the event you do file bankruptcy individually, your filing will not affect your spouse’s individual credit rating. This is a common concern for debtors seeking to file individually. However, joint debts will still include a bankruptcy indication on your spouse’s credit report.

If you have any questions about Chapter 7 or Chapter 13 Bankruptcy, contact the attorneys at Fears Nachawati today. Call 1.866.705.7584 or send an email to fears@fnlawfirm.com for a free consultation.

More Blog Posts

CONTACT US

Use the form below to send us a note, call us at 214.890.0711 or chat with us live. We are eager to help with all your legal needs. Please keep in mind that any unsolicited information sent through our website cannot be treated as confidential. Contacting us through this site does not create a representation relationship with Fears | Nachawati.

Inquiry Type

  • General
  • Personal Injury
  • Immigration
  • Bankruptcy
  • Drug Litigation
  • Family Law

Locations

With offices in Texas, Florida and Colorado and attorneys licensed in Texas, Florida, Colorado, Arkansas and Oklahoma, Fears | Nachawati is dedicated to attaining the best possible solutions for our clients’ business and personal needs. We strive to be professionals who are creative, empathetic and reliable.

All Areas Served

We Can Help

Contact Fears Nachawati today

Free Consulation

Live Chat (Online Now)