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Does my spouse have to file bankruptcy with me?No, you may file without your spouse. The effect on your spouse and any debts you have jointly will vary depending on the marital property laws in your state.
In community property states, all of the community property (the debtor's half and the non debtor's half) becomes property of the estate. In return, the community property acquired by a debtor and his non debtor spouse after the bankruptcy is not liable for payment of community claims listed in the bankruptcy though the non debtor spouse may have liability to the extent of the non debtor's separate property.
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