Can My Spouse File A Joint Chapter 7 With Me?

Each of these is a common question I am asked.

First, spouses may join in Chapter 7. It is called a joint case.

Second, spouses are not required to join in Chapter 7.

Should Spouses Join Together in Chapter 7?

It is a good idea if each spouse has a lot of debts, especially joint debts. Discuss your situation with a qualified Chicago bankruptcy attorney for customized advice.

What if We Are Married and Living Together but Only One of Us Files?

  1. If there are any joint debts your Chapter 7 will not discharge your spouse’s obligation.
  2. Do I have to list my spouse’s income? Yes.
  3. The Means Test requires listing all income in the household. Your spouse’s expenses can be deducted.
  4. As Chicago bankruptcy attorneys, it is our policy not to include a spouse’s full name or his /her social security number. It is for information gathering required by law.

Can Couple Who Are Married but Separated File a Joint Chapter 7?

Yes. Each spouse will have his/her own Means Test and Income and Expense Statement.

What if There Is a Pending Divorce?

The answer is still yes. And, it is a good idea, especially if there are joint debts that can be discharged. And, if they do so it can solve some of the issues in the divorce proceeding.

Disclaimer: Blogs on legal matters are for information purposes only and is not to be construed as legal advice.

For more information on call to speak with a Chicago bankruptcy attorney today.


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