Do both husband and wife have to file bankruptcy?
- No, married people can file separate bankruptcies, or one spouse can file bankruptcy alone
However:
- If both spouses are responsible for an obligation, and only one spouse files for bankruptcy, the other spouse will still owe the debt
- The creditors will have the right to come after the non-filing spouse as if a bankruptcy had not been filed
In circumstances where parties have recently married and most of the debt is from only one of the spouses, only the spouse that owes the debt needs to file bankruptcy.
When should both husband and wife have to file bankruptcy?
If you or your spouse has medical debts and is thinking about filing for bankruptcy, then you should make sure to file a joint case.
This is because under Minnesota law, spouses can be liable for each other’s medical debts.
This is true even if the bill only says one of the spouses, or if the medical company didn’t know you were married.
Conclusion
If you’re not sure whether you should both file bankruptcy or whether husband and wife have to file for bankruptcy separately, why not contact us at 612.724.4357 now?
Alternatively, why not visit one of our offices in Minneapolis, St Paul, Blaine, and Brooklyn Park?
