Filing without spouse - California

Hey everyone,

I'm planning to file BK7 within the next 3-4 months without DW. Just wondering if anyone has gone through this in a community property state and what I should expect.

All of the debt i'm including is in my name only (cc's, medical) with the exception of the 1st and 2nd mortage which we are reaffirming. Just a little worried about the creditors going after her to collect on my debt.

Hey everyone,

I'm planning to file BK7 within the next 3-4 months without DW. Just wondering if anyone has gone through this in a community property state and what I should expect.

All of the debt i'm including is in my name only (cc's, medical) with the exception of the 1st and 2nd mortage which we are reaffirming. Just a little worried about the creditors going after her to collect on my debt.

Here's what a Long Beach CA bk lawyer had to say about one spouse filing bk when married - http://www.brandspellman.com/PracticeAreas/Bankruptcy-Myths.asp

"If I Am Married, I Must File Together With My Spouse?

You are not required to file jointly with your spouse. Often times, one spouse wants to stay clear of bankruptcy so that their FICO scores are not affected - and it makes it easier for the household to obtain new credit, housing, or jobs in the future. There are many legal considerations that go into deciding whether only one spouse, or both, should file in California. If you are married and are considering having only one spouse file for bankruptcy, please speak to a bankruptcy attorney." (Bold was added by me.)

Good advice! Filing on your own when you are married and living in a community property state can be very tricky depending on your financial situation and which local bk court you file in.

Set up 3-4 free initial consultations with experienced bk lawyers in your area. That's the best way to find out if there will be problems if you file alone or not.

I am about to do what you are - filing alone though I am in a community property state. These are the two questions

1. Could any of the debts be considered community debts? In my case, none, because they all existed before I was married and almost none of the debt was incurred during the marriage. But, this is a matter of interpretation. I am working with a lawyer.

2. Because its a community property state, community assets have to be considered toward possible liquidation. Luckily, we have next to nothing of value, so it looks like everything will be exempted.

My reason for my husband not filing is, his ONLY credit is a car loan cosigned with my Mom. It's good credit and we don't want to hose it all up, plus we don't want it to screw my Mom up either.

This is the jist of what my lawyer told me, but you really do need to have a lawyer to talk to to get more info.

I filed pro se in my name only. However, in my situation, DH and I had been married only 4 days before I filed. We had no community debts. I had to list his income (he isn't working right now, he's taking care of our toddler and going to school, so that was easy) and I still had to list his name in the petition but next to it I put "No community debt, recently married."