Married but filing single?

[happycamper]

Hi everyone,
I was so happy to have found this forum! (I've been reading the posts for days now). I have a couple questions I'm hoping maybe someone has some insight on. Here is my background: I'm married and my income accounts for 65% of our total income. I'm also the one that is carrying most of our unsecured debt. My husband is not listed as a co-signer on any of my CC's, totaling over 45k, and this is my only unsecured debt. We have no equity in our house (mortgage 208k, value 201k) or our vehicles (owe 16k, value 13k) and we are current on these payments. I don't want to loose my house or are cars. My husband also has some CC debt in his name only, but we've been able to keep those payments current. We live in PA so this isn't a community property state. I would like to file for Chapter 13 without my husband. I tried to put together an estimate of what my monthly payment would be and my concern is if I do a budget and split everything 50/50 with my husband it appears that I have more money at the end of the month then I actually have. Should I be splitting these expenses 65/35 since I make more I'm obviously contributing more to the mortgage, utilities, food bill, etc.. I just don't know if that is "how it works". I'm talking to an attorney next week, but just anxious to know what to expect.

Thank you!

[falken]

You will have to include his income even though he is not going to file.
His expenses can also be listed however (including his min. credit card payments).

[newbie2]

Our attorney didn't split the expenses. (Also married filing a single petition) Here is what they did:

Used all of the total expenses (mortgage payment, car payment, utilities, groceries, you get the idea.)

Then added in my income that I can contribute to the household after my personal expenses were deducted out (my own credit card payments, work expenses, things that I am personally responsible for, etc.)

For example: Hubby (the filer) income $3000 per month. Mine (that I can contribute after my own personal bills are paid) $400 per month. Total monthly income $3400 per month.

Expenses for the household were never split.

[ccfriend]

I filed by myself too. Our expenses were put all together and his income was also included in the amount of income.

[optimistic1]

Our attorney didn't split the expenses. (Also married filing a single petition) Here is what they did:

Used all of the total expenses (mortgage payment, car payment, utilities, groceries, you get the idea.)

Then added in my income that I can contribute to the household after my personal expenses were deducted out (my own credit card payments, work expenses, things that I am personally responsible for, etc.)

For example: Hubby (the filer) income $3000 per month. Mine (that I can contribute after my own personal bills are paid) $400 per month. Total monthly income $3400 per month.

Expenses for the household were never split.

That's exactly how I interpret the means test on line 17, although I brought it up with a number of attorneys and they kept telling me I could not subtract my expenses, but I insisted that they were wrong. This was back when I was using the B22A form to determine elegibility if my spouse could discharge his/her debts.

[lrprn]

I was so happy to have found this forum! (I've been reading the posts for days now).

Glad you are finding our collective wisdom useful - welcome to BKForum!

I would like to file for Chapter 13 without my husband.

I have one very important question to ask you - what state do you live in?

I'm asking because if you live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin), that changes everything.