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Frequently Asked Questions

Does my spouse have to file jointly with me?

Welcome to Macey & Aleman
If all or most of the debts are in your name only, your spouse may not have to file. Creditors usually cannot pursue a non-filing spouse, unless he or she is legally a co-debtor on the debt. Additionally, the bankruptcy should not be reflected on the non-filing spouse's credit report. The law does vary, however, from state to state so make sure you speak with a Macey & Aleman bankruptcy attorney about whether or not your spouse has to file. See similar questions...

Should I file jointly with my spouse?

Sheri Gonyea - Bankruptcy Attorney, Clarksville, TN
If both you and your spouse want to be released from the obligation of paying joint debts, you will both have to file. Otherwise, if just one spouse files, only that person is discharged on the debt. The other spouse will remain liable on the debt. However, a spouse has the right to file solely, without the permission of his or her spouse, regardless of the other spouse's obligation on joint debts. See similar questions...

I'm married, can I file alone or must my spouse file jointly?

Walter Metzen: Detroit Attorney, Bankruptcy, Chapter 7, Chap...
If your married the law recognizes you as one entity and can file either together as a couple (jointly) or either spouse (husband or wife) can file on their own. The law does not require that both file. See similar questions...

Does my spouse have to file bankruptcy with me?

Wald Law Firm - FAQ
Your spouse does not have to file bankruptcy jointly with you. If the debts are in your name only, there is no reason for your spouse to file with you. See similar questions...

If I own everything jointly with my spouse, do I still need a will?

Elizabeth G. Bourlon, P.A. - Attorney at Law - FAQ - Frequen...
Yes. Joint ownership is no substitute for a carefully drafted Will. You may have property in your sole name which you have forgotten; you may inherit from others; you and your joint owner may die in a common accident; or a number of other reasons make it prudent to have a Will. See similar questions...

Can I consolidate jointly with my spouse?

Direct Consolidation Loan - Frequently Asked Questions
No, Effective July, 1 2006 a married couple may no longer obtain a Direct Consolidation Loan as joint borrowers. See similar questions...

My spouse and I hold all our assets jointly. Do we need a will?

Frequently Asked Questions
Although joint property passes to the surviving joint tenant by right of survivorship, we would still recommend that you have a Last Will and Testament. Such Will should make provision for the division of your estate in the event that you and your spouse die more or less at the same time as a result of a common disaster, such as a motor vehicle accident. See similar questions...

What are some of the dangers of owning property jointly with someone other than a spouse?

LawyerGriffin.com
If a joint owner is involved in litigation with creditors, such as the IRS, or the victim of an automobile accident with that joint owner, then the jointly-owned property may be subject to attachment by those creditors, even if that joint owner really is on the title only to avoid probate. If a joint owner becomes incapacitated, and the property is jointly-owned real estate, then a court appointed guardian may have to be obtained to sell the real estate. See similar questions...

If I am married, does my spouse have to file bankruptcy with me?

Garretson Law Office FAQ
Your spouse does not have to file bankruptcy with you. If your debts are separate, your spouse is not liable for your debts. If your spouse is a co-signer on any of your debts or the debts are for medical bills or utility bills for services provided to your family, filing a joint bankruptcy is probably the best solution. See similar questions...

Does my spouse have to file Chapter 7 with me?

Bankruptcy FAQ & Divorce Forms
NO! There is no requirement that both spouses file. It is not unusual for only 1 spouse to have debts. See similar questions...

I'm married. Does my spouse have to file?

Morris & Woerner :: FAQ
Not necessarily. A lot depends on whether the debt you are trying to discharge is owed by both of you. California is a community property state and things can get a little sticky in this area. If the debt is truly separate debt, it shouldn't be a problem. If it is marital debt and your spouse isn't working and there isn't any community property at risk, then talk to an experienced bankruptcy attorney about the possibility of filing the case without your spouse. TOP ^ See similar questions...

If I am married, does my spouse have to file too?

Dave Johnson Law Office, P.C. - Frequently Asked Questions
No. A married person may either file jointly with his or her spouse or individually. If the spouse does not file also, the spouse's credit is usually unaffected. It is usually a problem for a person who is filing an individual bankruptcy to transfer assets to his or her spouse or to anyone else. See similar questions...

What do I need to do to file a claim for my deployed spouse?

Frequently Asked Questions
Carrier: Under FRV shipments, the day of delivery the carrier will provide you with instructions on how to file a claim with them. The instructions may address this issue. If you have any questions, you should contact the carrier. If your question was not answered, then please call the Claims Service Center. Additionally, if you file your claim within the 9-month period with the Claims Service Center, we can also forward it to the carrier so you can still be entitled to FRV coverage. See similar questions...

Can I ever save tax by filing a separate return instead of jointly with my spouse?

Surekha Vaidya, CPA
You sometimes may benefit from filing separately instead of jointly. For example if one spouse has large medical expenses, miscellaneous itemized deductions, or casualty losses and the two spouses' incomes are about equal. We always prepare returns both ways and determine which is the most advantageous. See similar questions...

Why do I need a power of attorney since my spouse and I own all our assets jointly?

Frequenly asked questions about Massachusetts wills
A power of attorney is a written instrument by which one person (the principal) designates someone as his or her agent or attorney in fact to perform certain acts. If it is "durable," it continues in effect even if the principal becomes incompetent. This can be very important if you or your spouse becomes incompetent. It can avoid the appointment of a guardian or conservator for the management of assets. See similar questions...

Do I save taxes by filing a separate return instead of jointly with my spouse?

Double 'D' Acctg & Tax Svc
It depends on your tax situation. Sometimes you may benefit from filing separately instead of jointly but only if certain criteria are met. One example would both spouse have similar income and expenses but filing joint may cause certain of these expenses to be limited, then filling separately maybe an option. We always look at this filing separate issue for all our clients. See similar questions...

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