You need to file bankruptcy but your spouse doesn’t want to or can’t file at the same time. He or she has debts of their own and they are choosing to continue to pay them. You can file as a married person without your spouse filing with you. Sometimes this is even an effective strategy to maintain the financial health of the household. But what happens to my spouse’s credit?
Spousal Responsibility
If you are co-signers on a debt and you file bankruptcy then your obligation to pay that debt is discharged but your spouse has to continue to pay the debt. The creditor could close that account but generally, they do not as long as one person on the account is still obligated to pay. If you are just an authorized user but not an owner of the account then there is no effect on the credit of the owner of the account. If your debt is separate from your spouse, then there is no repercussion to your spouse. You receive a discharge of your debt and they continue to maintain their debt.
Moseman Law Office, LLC – Cleveland Bankruptcy Attorney
Attorney Heather Moseman of Moseman Law Office, LLC is a bankruptcy lawyer near Cleveland, Ohio that can help with all of your bankruptcy needs. Contact us today for more information on different types of bankruptcy and rather or not bankruptcy is the best option for you.