Under California bankruptcy law, if you are married, you have the option of filing for bankruptcy solely, individually with your spouse, or jointly.  Each option carries legal and economic benefits and drawbacks.  In the majority of circumstances, a debtor may file and leave their spouse out of it, and the filing should have little to no effect on the non-filing spouses credit.  Additionally, the non-filing spouse may receive a substantial benefit from their spouse’s bankruptcy discharge.

If you receive a bankruptcy discharge, your non-filing spouse’s credit is typically left unaffected.  There is generally no reason for the debtor’s bankruptcy to show up on the non-filing spouse’s credit, as they have not filed for bankruptcy nor received a bankruptcy discharge.  Additionally, it should not have any effect on any independent credit they may wish to establish or take advantage of in the future.  They are out of it.

Although a non-filing spouse is generally unaffected by the bankruptcy filing of a debtor-spouse, there are numerous legal benefits and drawbacks associated with the different filing options available in bankruptcy for a married couple.  The decision on how a married couple should file for bankruptcy should only be made after speaking with an experienced California bankruptcy attorney.

If you have questions about filing for bankruptcy in California, contact our San Francisco bankruptcy law firm today.

California Bankruptcy information provided by San Francisco Bankruptcy attorney Mark Chernev.

The Chernev Firm, 601 Montgomery Street, Ste. 1150, San Francisco, CA 94111