does this make sense? filing alone

[helpsoneeded]

Has anyone filed without spouse? My husband makes around 70,000 and i'm around 25,000. If i file alone i will be in the negative and will pass the means test because it says to add spouses income, but then subtract what he doesnt contribute to household. He pays half the household bills and i pay half, so i actually have to subtract alot of his income that isnt used for household. Does it make sense to everyone that i will qualify, but if he filed too we would have to do a 13 and cant afford that. Will this be questioned in a big way if he doesnt file and should it be a problem if i only do it and do a 7? All my debt is in my name he has alot of debt too, but i'm only an auth. user on his. He is not on mine. We only have a Kohls acc. that is joint. The house is in both with no equity and have a home equity loan that is just in his name. Both vehicles are in is name one is paid and was we owe on , but we more then its worth. I guess what i'm trying to say is that there would be no assets, thanks!!!

[JRScott]

Many couples do file individually without their significant others. One important consideration though is whether or not you live in a community property state.

I would schedule appointments with 3-4 bankruptcy attorneys in your area and run it by them and see what they thought.

[helpsoneeded]

I live in ny. Thanks

[lrprn]

I live in ny. Thanks

New York is not a community property state.

According to http://www.fairmark.com/spousal/comprop.htm , the US community property states are:
-Arizona
-California
-Idaho
-Louisiana
-Nevada
-New Mexico
-Texas
-Washington
-Wisconsin

How much debt of your own do you have? Will filing alone to get rid of just your unsecured debt make enough difference for your family finances since it looks like your husband is already carrying a large majority of your family debt load?

[CATCHMEIFYOUCAN]

A co-worker of mine is considering filing bankruptcy, although she is leaving her spouse out of it, she still has to add his income to hers. Sopposedly she has a really good lawyer and is only paying $1500 and is able to file Ch7 THUS FAR. More details as time goes by, I'll keep everyone posted on how this story goes. (State of VA, FYI)

Catchmeifyoucan

[showboat]

I filed chapter 7 without my husband, as all the credit cards are in my name only. Husband has one credit card in his name that he has always been current paying. We are just below the median income using both of our incomes.
In Michigan, there is a thing called tenants by entiriety which protects all equity in your home if both names are listed on your deed, but the unsecured debt is only in one spouses name. You have to use the state exemptions in order to use this.
My attorney thinks that I will be okay as far as home equity using federal exemptions, even though it will be close, so that is what we did, however he said we can change to state exemptions if it looks like the trustee would take the house.
My 341 is next Monday, so I will find out! Getting very nervous!

[helpsoneeded]

I live in ny. I have 70,000 in my name and he has 40,000 in his. He does not want to file.. thanks again