Understanding Solo Bankruptcy in Nevada
That’s a question many married men in Las Vegas ask when struggling with debt. The short answer is yes, but the long answer depends on,
- Nevada’s community property laws,
- Your specific financial situation and
- The type of bankruptcy you’re filing.
In this first part of our guide, we’ll break down the important info you need to know before taking the solo route to bankruptcy.
Why it Matters that Nevada Is a Community Property State?
First, let’s talk about community property. Nevada is one of a handful of U.S. states that follows community property laws. In simple terms, that means most debts and assets acquired during a marriage are considered jointly owned by both spouses.
So, if you’re married and you’ve increasing your,
- Credit card debt,
- Personal loans or
- Medical bills.
Even in your name alone, those debts might still be considered part of the marital “pot.” That’s why filing bankruptcy without your spouse in Nevada can have ripple effects, even if your spouse doesn’t join you in the filing.
Types of Bankruptcy: Chapter 7 vs. Chapter 13
There are 2 main types of consumer bankruptcy in Nevada: Chapter 7 and Chapter 13. Both have different rules and implications when filing solo.
- Chapter 7 Bankruptcy (Liquidation): This is often the quicker route and is used when someone has little to no disposable income. It can wipe out unsecured debts like credit cards or personal loans. However, because Nevada is a community property state, your spouse’s community assets may still be at risk, even if they don’t file with you.
- Chapter 13 Bankruptcy (Reorganization): This allows you to keep your property and pay back debts over time, typically 3 to 5 years. It’s better if you have a steady income and want to protect jointly owned property. Filing Chapter 13 without your spouse in Las Vegas may still involve their income in the repayment plan.
Will Your Spouse’s Income Be Counted?
Yes, in most cases, even if your spouse doesn’t file, their income may be included. This is a calculation used to determine whether you qualify for Chapter 7 bankruptcy or whether you’ll need to file under Chapter 13 instead.
That might sound unfair, but the bankruptcy court needs a full picture of your household income. However, you can deduct your spouse’s expenses that don’t benefit the household (like their own car payments or debts they pay separately). This can lower your household income on paper.
Protecting Your Spouse’s Credit and Assets
If your spouse is not a co-signer or joint account holder, your bankruptcy will not directly impact their credit score. But if any of the debts are joint, creditors can still pursue your spouse even after your bankruptcy clears.
How Bankruptcy Affects Joint Debts, Property & Real-Life Scenarios in Las Vegas?
Yes, you can file bankruptcy without your spouse in Las Vegas. But understanding how and what happens next is important. In this part, we’ll discuss different real-life scenarios you might face with joint credit cards & what happens to a home or car you both own.
Scenario 1: Joint Credit Cards & Loans
Let’s say you and your spouse share a credit card account. If only one of you signed up for it & both names are on the account, both of you are legally responsible for the debt. So what happens if you file bankruptcy solo?
- If the debt is discharged in your bankruptcy but your spouse didn’t file, the creditor can still come after your spouse for the full balance.
- Your spouse’s credit report won’t show bankruptcy, but missed payments or collection can still affect their score.
Pro tip: Before filing, check the credit report to see which debts are shared and which are truly separate.
Scenario 2: You Own a Home Together in Las Vegas
Las Vegas home values have risen and many couples now own property with significant equity. If you’re both on the deed or mortgage, can you file bankruptcy without your spouse and still protect your home.
- Nevada’s homestead exemption protects up to $605,000 in equity in your primary residence (as of 2025).
- This exemption applies whether you file individually or jointly but keep in mind, if the equity crosses that limit, the trustee may attempt to sell the property to pay creditors you convert to Chapter 13.
Scenario 3: Only One Spouse Is in Debt
This is a common situation, one spouse brings debt into the marriage and the other has clean credit. In this case:
- You can file bankruptcy without your spouse.
- Your spouse’s separate property (like assets or bank accounts they had before marriage) is not at risk.
- But, any income your spouse earns will still be included in the calculation.
If there’s little or no jointly acquired property or debt, this is one of the safest and most straightforward routes to take.
Scenario 4: Co-Signed Auto Loans
If both you and your spouse signed for a car loan, it’s considered a joint liability. Filing bankruptcy might discharge your obligation, but the lender can still require your spouse to make the payments.
What are your options?
- Reaffirm the debt: In Chapter 7, you may reaffirm the auto loan to keep the vehicle and remain responsible for payments.
- Surrender the car: If it’s unaffordable, you can give it up and walk away from the debt, though your spouse would still be on the hook if they co-signed.
In some cases, filing Chapter 13 may help you restructure the loan and keep the car with lower payments.
The “Phantom Spouse” Risk in Community Property States
Nevada’s laws recognize a concept called the “phantom discharge.” If you file individually and receive a Chapter 7 discharge, your spouse (who didn’t file) may temporarily benefit from protection against community property creditors but that protection vanishes if you later divorce or die.
What to Do Before You File Alone?
Before you decide to go solo in a Las Vegas bankruptcy, here’s a short checklist:
- Review all debts for joint liability,
- Assess community vs. separate property,
- Check Nevada exemptions for your assets,
- Talk to a bankruptcy attorney licensed in Nevada to understand what’s really at stake
How to Prepare for Solo Bankruptcy in Las Vegas? When to File Together Instead?
So you’ve learned it’s legally possible to file bankruptcy without your spouse in Nevada. But just because you can, doesn’t always mean you should. In this final section, we’ll discuss how to prepare for a solo bankruptcy filing in Las Vegas plus when it’s better to file together and what steps to take to protect your marriage, credit and financial future.
Step 1: Gather All Financial Documents
Whether you’re filing solo or jointly, preparation is a must. Start by collecting:
- Tax returns (past 2 years)
- Pay stubs (for you and your spouse, even if they’re not filing)
- Bank statements
- Loan and credit card balances
- Property titles, mortgage statements
- Retirement account summaries
- A complete list of monthly household expenses
Even though your spouse may not be filing, the court will require a full picture of your household’s income and expenses under Nevada law.
Step 2: Separate What’s Yours and What’s Theirs
In Nevada, community property can complicate things. Make a clear list of what is:
- Separate Property: Assets or debts you had before marriage or gifts.
- Community Property: Anything earned or acquired during the marriage even if it’s only in your name.
Step 3: Review Nevada Bankruptcy Exemptions
Nevada allows exemptions that protect certain property from being seized in bankruptcy and these can apply individually or jointly. For example:
- Homestead Exemption: Up to $605,000 in equity in your primary residence.
- Vehicle Exemption: Up to $15,000 in vehicle equity.
- Personal Property: Household goods, clothing and some retirement accounts.
If filing alone, you can still use the full exemption limits. But in some cases, filing jointly may double what’s protected.
Step 4: Talk to a Local Bankruptcy Attorney
Bankruptcy law is complex. A Las Vegas bankruptcy attorney can help:
- Determine if solo filing will leave your spouse vulnerable to creditor action
- Clarify what property is at risk
- Recommend the right chapter (7 or 13)
- Maximize your exemptions and minimize legal issues
The initial consultation is often free, and the advice could save you thousands in the long run.
When It’s Better to File Jointly?
Solo bankruptcy might seem simpler, especially if your spouse has clean credit. But consider filing together if:
- You share a lot of joint debts (mortgage, credit cards, car loans)
- Your combined property value exceeds what one person can exempt
- You both need relief and want a complete financial reset
In Las Vegas, joint bankruptcy can ease the process, lower attorney and court fees and help protect shared assets more effectively.
At The End
Filing bankruptcy without your spouse is absolutely possible. From how your income is counted to whether your debts are truly “separate”, every case is unique. Before making a move, consult with a bankruptcy attorney to avoid issues and choose the best path for your financial recovery.
FAQs
1. Will my spouse’s credit be affected if I file alone?
Not directly. If your spouse isn’t listed on the debts and doesn’t file, their credit score should remain intact. However, if debts are joint, creditors may still go after them.
2. Can we keep our home if only one of us files for bankruptcy?
Yes, especially if you qualify for Nevada’s generous homestead exemption. If the home’s equity is under $605,000, it’s typically protected. Just be aware that joint ownership may add complexity.
3. Will the court consider my spouse’s income even if they don’t file?
Yes. The bankruptcy court will include your spouse’s income in the “means test” to determine if you qualify for Chapter 7. However, their separate expenses can be deducted.
4. What happens to jointly owned property if I file solo?
Jointly owned (community) property may be included in the bankruptcy estate. Depending on your exemptions and the type of bankruptcy, it could be protected—or sold to repay creditors.
