Separated - Can I file BK as a single without husband

[calgirl67]

My husband and I have decided to separate with a view to divorce. We have overwheming debts - 100k credit cards, 1st, 2nd, 3rd mortgages.

I want to file BK to get a fresh start, he doesn't. Can I file on my own or do I need his permission or for him to co-sign?

Any advice would be much appreciated.

[AngelinaCat]

Hi calgirl, welcome to the forum.

The short answer to your question is "yes you can".

The problem is going to whether or not it is wise at this time. If you are actually planning to divorce, it may be better for all parties involved to get the divorce out of the way first. That way you will (maybe) have established who will be responsible for what debt, etc. Then you can proceed from there.

It probably would be wise to investigate a couple or three free consultations with a divorce attorney. Or you can consult with BK attorneys. But you have a very thorny nest to play with here.

Watch here for some of the other members who have been through divorce/bk and view their opinions.

Good luck.

[JoeBankrupt33]

I completely agree. Get divorced, then BK.

In my case, we were separated, but we filed BK jointly. When that was discharged, I filed divorce. The divorce was really easy without debts or many assets, though.

[mami2four]

You can't file single but you can file married living in seperate households, same thing pretty much except the trustee will want to know any joint assets that you have together.

[southernbelle]

I got divorced then filed BK. For me it made sense to do it that way as we didn't have anything jointly owned and no kids. I also listed my ex in my BK due to some other issues.

I agree with mami2four in that if you live in separate households, you can file single without your ex's income/assets.

[HHM]

Generally, when it comes to divorce and BK....

If the couple will be primarily dividing assets, better to divorce, then file BK
Reason: this will usually clear up any exemption issues, etc. The trustee cannot undue seperation agreements in BK.
If the couple primarly has joint debts, better to file BK, then divorce.
Reason: In a divorce, the divorce decree must account for all liabilities; the reason to BK first (preferably a joint BK if the couple can tolerate it), is that once a debt is assigned in the divorce decree, that debt becomes non-dischargeable (as to the spouse) to the person assigned. Thus, its better to clear out any debt prior to divorcing. Doing so makes the divorce easier (for what it is worth)

[aljohnson007]

Just a note of caution. I got divorced in 1989 and the court split our debts equally which sounded ok at the time. However, the ex didn't pay her half, filed a C7 and got total relief. The creditors came after me for her portion as they were "joint" debts and the court order didn't matter one bit. If both are listed on cc or other accounts, I would say it should be a joint filing.

[OhioFiler]

I was dealt the same scenario as AlJohnson back in 1995.

[bulletproof77]

Just went through it this year in California. I would say divorce first, then BK. However I was advised my lawyer that it did not matter to the BK court your marital status...then there was the foreclosure....not a good year