Legal Question in Bankruptcy in Nevada
if two poeple are togather,and they dont share the same last name and one of them is filling for bankruptsy do both have to file or just the one person thet needs to??
1 Answer from Attorneys
You can only file bankruptcy together if you are legally married. It doesn't matter what your names are or even if you live together, but you must be legally married to file a joint bankruptcy as a 2 for 1.
No one can require someone to file a bankruptcy so it isn't necessary for both a husband and wife to file a bankruptcy together if one wants to & the other does not. However, depending on the circumstances, it may not be a good idea to file bankruptcy alone, because there can be some negative consequences.
However, if only one person does file, the bankruptcy must include the income of the other spouse in the bankruptcy paperwork since the bankruptcy court requires an analysis of the household income to see if you qualify to file.
Hope this perspective helps!
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