Can I File Bankruptcy Without My Spouse?

The Short answer: Yes.

The Smarter answer: Whether filing Bankruptcy without your spouse is the right decision depends on your assets, income, and whether Chapter 7 or Chapter 13 is the best option. Let’s walk through it together.

Why Nevada’s Community Property Laws Matter

 Community property = shared stuff. In Nevada, most assets and debts obtained while married are treated as shared—no matter whose name is on the account or title.

What does that mean for a solo filing:

•  Bank/investment accounts opened during marriage may be considered community property.
•  Vehicles and  real estate bought (or paid down) during marriage can be community property.
•  Debts during marriage—like credit cards or medical bills—can be seen as marital debts.

 Exemption Laws in Bankruptcy must be sufficient to protect both your property and your spouse’s property. Otherwise, the Chapter 7 Bankruptcy Trustee can take this property. The property can be sold, and the proceeds used to pay your creditors. For example, Nevada exemptions protect the equity in one car for each person filing for Bankruptcy. So, if you and your spouse both own vehicles, and those vehicles both have equity, unless there is another exemption to protect it (such as a wildcard), your spouse might be furious if their vehicle is taken to pay your debts.

Chapter 7 vs. Chapter 13 — What’s the Difference?

Chapter 7 (“fresh wipe” for many unsecured debts)

 It’s Quick, but you must qualify for it. Chapter 7 most often clears debts such as credit cards, personal loans, and medical bills.

 Because of community property, shared assets may still be considered to be partially yours even if they’re “in your spouse’s name.”

Chapter 13 (“repay over time & keep stuff”)

 Chapter 13 is a 3–5 year repayment Plan that lets you keep property (even non-exempt property).

 If you’re living together, your spouse’s income must still be factored into the Plan—even if they don’t file.

Will My Spouse’s Income Count?

 If you live together, your spouse’s income counts and must be included in your Bankruptcy calculations. The court wants a complete picture of household income.

 Good news: Your spouse’s expenses are usually able to be deducted, so the additional income can be offset by those expenses even if they are purely your spouse’s (like their separate car payment).

Will My Filing Bankruptcy Hurt My Spouse’s Credit?

 If they’re not a co-signer or joint account holder: your Bankruptcy shouldn’t appear on their credit report.

 If a debt is joint: a creditor can still ask your spouse to pay—even after your discharge. But asking your spouse to pay and being able to collect from them, even after a lawsuit, is a whole different story. Community property, such as a paycheck or business income, cannot be taken by a creditor to pay your debts, even on joint debts.

 Tip: Both of you should check credit reports regularly and dispute any errors.

Real-Life Scenarios

1) Joint Credit Cards & Loans.

 If you file solo and the debt is in both names, your liability is wiped out when the bankruptcy court discharges the debt. Butt lenders can still legally pursue your non-filing spouse for payment. However, the good news is that the only way creditors can forcibly collect this debt is from property that isn’t community property. For example, property your spouse owned before the marriage or inherited. The creditor can’t garnish your spouse’s wages, which are community property, or place a lien on community property, such as a house or bank account.

2) A Home You Own Together.

 Nevada Homestead Exemption: protects up to $605,000 in equity in your primary residence (as of 2025). However, for you to claim equity of more than $189,050 in a Bankruptcy, you must have owned the property for more than 1215 days.

 equity above that may be at risk depending on your facts and chapter choice.

3) Only One Spouse Has Significant Debts

 Often, filing alone is the cleanest path—especially if your spouse has only a small amount of property or debt.

 Your spouse’s income and community assets may still be counted for eligibility, but their separate property is generally not at risk.

4) Co-Signed Car

 Options if you file:

• Pay & drive: keep paying under the original terms to keep the car.
• Reaffirmation: makes you legally liable again—Nevada judges rarely favor this, so it is used sparingly.
• Surrender: walk away if it’s unaffordable (co-signer may still be on the hook, but the debt may be uncollectable, as explained above).
• Chapter 13: can sometimes restructure the loan and lower payments.
•  “Redemption” (refinancing at current value) typically isn’t available if the car loan is joint and only one of the borrowers files a Bankruptcy.

5) “Phantom Discharge” Note

 In a solo Chapter 7, community property can get temporary protection from community creditors—but that can end if you later divorce or pass away. So you and your attorney must plan accordingly.

Pre-Filing Checklist

 Get organized:

• Which debts are joint vs. individual?
• What is separate property vs. community property?
• Pull both credit reports; fix errors by filing disputes with the credit reporting companies.
• Gather: last 2 years of tax returns, recent pay stubs (yours + spouse’s), bank statements, mortgage/auto statements, retirement summaries, and a detailed monthly budget.
• Confirm Nevada exemptions that apply.

Nevada Exemptions (Highlights)

 Exemptions protect property from unsecured creditors (not from valid liens like mortgages or car loans).

•  Homestead: up to $605,000 in equity in your primary residence (ownership/occupancy rules apply).
•  Vehicle: up to $15,000 in equity in one vehicle per filing individual.
•  Household Goods: up to $12,000 in equity in furniture, clothing, electronics, etc.
•  Jewelry / Art / Instruments: up to $12,000 in equity.
•  One Firearm &  Family Keepsakes: unlimited equity (but only one firearm).
• Filing together can allow both spouses to double the value of some, but not all, of their state exemptions. But filing alone limits you to only one set.

When to Talk to a Nevada Bankruptcy Attorney

 The best time to seek legal advice:

• Most debts are joint, or you share significant assets.
• Your home equity is close to the exemption limit.
• You’re borderline on Chapter 7 eligibility.
• You want to keep your home/car but need to catch up safely.

A short consult can prevent expensive mistakes—and help you choose solo vs. joint Filing based on your goals.

FAQs

Q: Will my spouse’s credit be affected if I file alone?

A: Not directly, unless they’re on the debt. Joint accounts can still be collected from your spouse; missed payments can impact their score.

Q: Can we keep our home if only one of us files?

A: Often yes—thanks to Nevada’s generous homestead exemption (up to $605,000). The exact results depend on your equity, liens, and chapter. Of course, you must continue paying your mortgage loan and keep current to avoid triggering a foreclosure.

Q: Will the court count my spouse’s income if they don’t file?

A: Yes, if you live together. But your spouse’s separate expenses can often be deducted.

Q: What happens to shared property if I file solo?

A: Community property is part of the bankruptcy estate. Exemptions and your chapter determine whether it’s protected or sold by a Chapter 7 Trustee. Most of the time, even the exemptions for one person will completely protect all your property, but, of course, there will always be exceptions.

What to Do Next: Taking Control of Your Debt

 You don’t have to figure this out alone.

1.  Get clear on understanding your numbers (debts, assets, income, budget).
2.  Decide your top goals (keep the home, protect spouse’s credit, wipe credit cards).
3.  Talk with a local attorney who knows Nevada’s community property rules.

Why Work With A Fresh Start Law

•  Local Knowledge: Deep experience with Las Vegas & Henderson bankruptcy cases.
•  Personalized Plans: Chapter 7, Chapter 13, or alternatives—what fits you.
•  Compassionate Support: You’re more than your debts. We’re here to help you breathe easier.

Let’s Talk About Your Fresh Start

 Call us or schedule a free consultation to explore your options with zero pressure.

Hope this perspective helps!

 Important Note

This page contains general information only and is not legal advice. Exemptions and outcomes depend on your specific facts. For advice, please consult a licensed bankruptcy attorney in your community.