Just wondering is it possible to file a Chapter 7 in CA without my spouse and keep our home. I had a massive stroke in 2016 and made some very bad financial choices which have led to about 32k in credit card debt. Was managing payments until I lost all of the children in my daycare. Our only income now is $2600 a month from SSDI. I have had a very hard time getting used to the idea that I will be in a wheelchair for the rest of my life and will never be able to drive again.
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Sorry to read about your situation and I wish you the best.
Your wife certainly does not have to file with you. However, her income, assets (if acquired after you got married - with a few exceptions) and "her" debt (if incurred after you got married - again with a few exceptions) must be listed since you live in a community property state. In addition, whether or not it is advisable that she not file will depend upon your situation and her wishes.
As it relates to keeping the home in the context of a Chapter 7, that depends upon when it was purchased, by whom, whose money has been servicing the loan and upkeep and how much equity is in the property. You need to meet with an attorney to go over these issues.
Sorry I cannot be more specific but your question is too broad and the answer depends upon your specific circumstances.
Please set appointments with several attorneys. Initial consultations are usually free and due to COVI-19 will most likely be by phone or something akin to Skype.
Des.
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