Can I file bankruptcy alone or will she have to file also??

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I'm am married but my wife and I have been seperated for about two yrs I have a truck and boat that is in both our names but things are getting tight on one income I want to keep my property so I was wanting to know if bankruptcy would be a answer?

Attorney Answers

3
Matthew Berkus ·
You can file bankruptcy separately from your spouse. However, whether you can keep your property is an entirely different question and cannot be answered here. Use the find a lawyer section of this site, contact bankruptcy attorneys in your area, schedule consultations (they are usually free), and find out if bankruptcy is the right options and what the risks and benefits will be of filing for your specific situation.
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Charles Farrell ·
Yes you can file a bankruptcy without your (separated) spouse. If you want to keep joint assets you are going to want to speak with an experienced bankruptcy attorney in your area. There are certainly ways to protect assets. Since your spouse is jointly responsible you are going to also want to discuss with the attorney if you want to protect her or not.
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Ronald Elzinga ·
You can file separately, but it won't do you much good in regards to your personal property since your wife is 100% responsible for the debt.
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