HELP! Married, file separate?

[Sick&Tired]

My husband and I didn't pass the means test b/c he makes too much money. How would it work if I filed for Chapt. 7 alone (I have most of the unsecured debt in my name anyway). We own our home together (I'm not sure if this has any effect), we don't have any children, and my car loan is in his name, so doesn't need to be included. I'm really just not sure what my options are. I don't think we'd be able to afford the estimated monthly Chapt. 13 payment. How does Chapt 7 filing work (separate, but married)? Any explanations/tips would really be appreciated! Thanks!

[DivorceRuinedMe]

You still have to list his income to file a C7 even if only one of you files. Sorry for the bad news. I was in the same boat. DH quit his job and became a SAHD (we have 4 preschoolers!) and we've finally waited out the 6 months for his income to drop off and now we can file. Is it possible for you to quit work for 6 months so that you can drop below the median?

[JRScott]

Do you live in a community property state?

[rissyroo]

I filed individually but, as stated, they had to include my husband's income into the means test along with our tax return, any stocks, savings...We came in just below the means test but only because they back-out his retirement and some taxes from his pay. They do look at your monthly expenses though and if you have less than $200 disposable income, you'd maybe qualify for Chapter 7. We are both on the deed of the house too and I simply signed an affirmation agreement so we could keep the house. Good luck in whatever you decide to do!