Legal Question in Bankruptcy in Maryland

Share Assets Not Debt

My wife and I own joint property. My wife has substantial debt. I do not. Can my wife file for personal bankruptcy to wipe out her side of the ledger without adversely affecting my side?


Asked on 3/10/03, 4:50 pm

2 Answers from Attorneys
Burton Haynes Burton J. Haynes, P.C.

Re: Share Assets Not Debt

Either spouse can file bankruptcy without the other -- there is no requirement that both file just because you are married any more than there is a requirement that you file a joint tax return just because you are married. But that being said, the more difficult question is whether a bankruptcy trustee could "administer," (i.e. sell) any of the joint property. The answer to this depends on whether you have any joint debts. It is important to carefully review all of the facts with a competent bankruptcy specialist -- discussing both her debts and assets and your debts and assets -- before deciding how to proceed.

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Answered on 3/10/03, 6:12 pm
Tommy Andrews, Jr. Tommy Andrews, Jr., PC

Re: Share Assets Not Debt

Yes your wife can file without you but she needs to be careful regarding protecting her assets. I would need more information to offer advise on the matter.

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Answered on 3/10/03, 11:18 pm


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