Can Only one spouse file?

[Debk]

Most of the debt is in my husbands name and my credit is pretty good. Can only one spouse file? If so , will this affect me in anyway?
Thank you

[Chrisi18]

A lot of times the creditors will start coming after the spouse that didn't file.

[magyar123]

A lot of times the creditors will start coming after the spouse that didn't file.

Only in community propert states. Or if any of those accounts are joint accounts.

[2Bshinyandnew]

In general, creditors can turn to the spouse who did not file only on accounts that were joint accounts. If the non-filing spouse continues to pay on the joint accounts while the filing spouse has those joint accounts discharged through bankruptcy, the non filing spouse is responsible for 100% of that joint debt.

As long as the non filing spouse keeps paying on that joint debt, the effect on the non-filing spouses credit should be minimal (so I'm told by the 2 attorney's I have consulted so far)

You may already do this, but it may be a good idea for couples, if you each had sole owner checking accounts, in addition to joint checking/savings. Even if it is at same bank you already use. That way if your spouse continues paying on joint debt, it is with a sole owner account. It may be completely unnecessary, but with so many totally free checking offers at practically every bank, it can't hurt.

[woeisme]

IT will affect you if your spouse needs to file CH 13. You both will need to adhere to the budget, so you can't spend on your credit cards during the 3-5 years of CH 13 because that additional debt wouldn't be included in your budget, which is based off of both your income. But for a CH 7 it should only affect you if there are joint debts (or assets that can be taken by the trustee) involved.