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Yes, you can file bankruptcy without your spouse. You'll want to look at several factors to determine whether filing bankruptcy with or without your spouse makes the most sense for you.
If a husband files bankruptcy without his wife, only the husband's debts are discharged. If the debts are held jointly, the non-filing wife will still owe even after one spouse has filed bankruptcy. The bankruptcy filing will appear on the husband's credit report, but should not appear on the wife's.
You can file for a bankruptcy in California either jointly with your spouse or individually. California is a community property state, and even if you file bankruptcy separately without your spouse, your community property is protected. Creditors cannot come after any part of it as long as you are married.
4) Can I File Chapter 13 Without My Spouse? Yes, you can file a Chapter 13 bankruptcy case without your spouse, but your spouse's income is included in your Chapter 13 case.
If you're filing for Chapter 7 bankruptcy and your spouse is not, you may be wondering whether they are going to be affected. The short answer is that if your debts are separate, their credit will not be impacted.