Legal Question in Bankruptcy in Florida

I'm married and I want to file bankruptcy do I need my husband to comply?

I want to file bankruptcy on our house that we have together. I also want to file on two credit cards that are my own. My husband has been out of work for several months a year within the past 9 years together. We have 3 children and have been late on the house payment since we got the mortgage in 1999. Do I need his consent to file bankruptcy on the house?


Asked on 1/24/02, 11:20 am

3 Answers from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: I'm married and I want to file bankruptcy do I need my husband to comply?

You can file a petition without your husband's consent. Based upon your question, you should retain counsel prior to filing. You cannot "file on the house", the filing effects all of your assets. If you file without discussing it with your husband, you will probably need divorce counsel.

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Answered on 1/25/02, 4:06 pm
Anthony Comparetto Comparetto Law Firm

Re: I'm married and I want to file bankruptcy do I need my husband to comply?

You do not need his consent to file bankruptcy but if you do not talk to him about it will probably cause other problems for your marriage. Talk with him then give us a call 727-328-7900. A.J. Comparetto, Esq.,

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Answered on 1/24/02, 12:21 pm
Joel Cohen Joel M. Cohen,P.A.

Re: I'm married and I want to file bankruptcy do I need my husband to comply?

You may filke for relief separately and be excused from any debt or potential claim listed.

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Answered on 1/24/02, 2:13 pm


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