Yes, but you will need to state that you have separate households on your schedules.

Answer Applies to: Washington
Replied: 1/18/2012

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Yes, you would file as married filing jointly but in the the income and expenses section you would list that you maintain seperate households.

Answer Applies to: Utah
Replied: 12/15/2011

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If you are legally still married, you can file a joint bankruptcy.

Answer Applies to: Florida
Replied: 12/14/2011

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Yes, you can still file a joint bankruptcy. While the debts may be the same, your schedules will look different as you both probably have different belongings in each home. The same goes with your budget and expenses on the sheets. Because of these differences, it can be more difficult to ensure that you have everything from both parties before filing. And trust me, you don't want to not be together when you file in case a judge dismisses your case for failing to disclose something. You should speak to a bankruptcy attorney about your specific details.

Answer Applies to: Utah
Replied: 12/14/2011

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You can file a "joint" bankruptcy case so long as you remain married at the time that you file the bankruptcy petition

Answer Applies to: Indiana
Replied: 12/14/2011

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Yes you can file jointly but you might have to file separately depending upon what your household income is.

Answer Applies to: Georgia
Replied: 12/14/2011

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As long as you are still married you can file a joint petition.

Answer Applies to: California
Replied: 12/14/2011

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You can still file jointly so long as you are still married.

Answer Applies to: Colorado
Replied: 12/14/2011

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A married couple that is legally separated can file a joint petition.

Answer Applies to: California
Replied: 12/14/2011

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You can as long as you are married.

Answer Applies to: Illinois
Replied: 12/14/2011

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There should be no problem filing a joint petition. Just make sure that you elect separate households and include all expenses.

Answer Applies to: Connecticut
Replied: 12/14/2011

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That really depends upon whether you are going to file a Chapter 13 that will keep you jointly involved with payments for the next 3 - 5 years or a Chapter 7 to discharge the debt and then move on. A 13 in these circumstances is almost doomed to fail. A Chapter 7, as long as there are proper conflict waivers (the attorney may have a conflict with each of you) is usually not a problem and allows both of you to go forward unburdened with the debt from the marriage. It is a bit more time consuming because there are separate schedules and income and expense forms that need to be filled out but they are not a large problem.

Answer Applies to: Washington
Replied: 12/14/2011

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Yes. You file a joint petition. It works like any other bankruptcy.

Answer Applies to: Michigan
Replied: 12/14/2011

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Yes, you can still file together. It works the same as it would if you were not separated with just a few changes.

Answer Applies to: Texas
Replied: 12/14/2011

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Separation, while recognized as a legal marital status, does not negate that you are legally married. It will not have an effect on your bankruptcy unless you divorce. In that case, there will be a division of assets and liabilities which will affect both of your petitions. At that stage, your divorce attorneys should work in conjunction with your bankruptcy attorneys (you should not be represented by the same bankruptcy attorney if you are getting divorced as your individual interests may be at odds, creating a conflict) to come up with a plan for the asset/liability division.

Answer Applies to: Massachusetts
Replied: 12/14/2011

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You can still file a bankruptcy as a joint married couple. However, if you have since the separation accumulated other assets in your own name, or have incurred other debts, it may be a better solution for both of you to file separate bankruptcy cases with separate attorneys to avoid any potential conflicts of interest.

Answer Applies to: Ohio
Replied: 12/14/2011

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Yes, as long as you are legally married you can file jointly.

Answer Applies to: New York
Replied: 12/14/2011

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As long as you are still married, you can file together, you should show the different addresses and would normally do 2 Schedule J (Estimated monthly expenses). This is not a do it yourself case, see an attorney!

Answer Applies to: Michigan
Replied: 12/14/2011

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Yes. You will need to disclose both addresses and cost of to residences.

Answer Applies to: Florida
Replied: 12/14/2011

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As long as you are legally married you are eligible to file for bankruptcy together even if you have lived apart for years. I should clarify that actually, as long as you are a legally married couple in which each spouse is of the opposite sex you are eligible to file for bankruptcy together. However, whereas the Bankruptcy Code is Federal Law, a Bankruptcy Courts are Federal Courts the law comes under the restrictions of the so-called Federal Defense of Marriage Act (or DOMA). Under DOMA, a same sex couple that is married and living together happily and in a true joint household may not file a joint bankruptcy petition together, even where a married opposite sex couple who has lived completely separate lives for years can file a joint petition under the Bankruptcy Code. Because Same Sex Marriage is legal in Massachusetts, there are special concerns for same sex couples struggling with debt. It is important that you work with a qualified and experienced bankruptcy attorney in that situation.

Answer Applies to: Massachusetts
Replied: 12/14/2011

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Joint bankruptcy is generally available to married couples. The number of residences maintained should not make a difference as long as you married.

Answer Applies to: Illinois
Replied: 12/14/2011

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If you are still married you can file jointly.

Answer Applies to: California
Replied: 12/13/2011

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Yes, as long as you aremarried you may file a joint bankruptcy petition.In fact, since you have debts for which you are both liable, most likely, it is a very good idea to file a joint petition. You will indicate your separate addresses, and list your separate assets in the same joint petition. It is perfectly acceptable and complies with the US Bankruptcy Code.

Answer Applies to: Florida
Replied: 12/13/2011

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While separated-as opposed to divorced-which you say you are not, all property of the marriage remains in joint ownership. Depending on the circumstances, you should probably go into the Court with a plan already set up based upon discussions with divorce counsel.

Answer Applies to: New York
Replied: 12/13/2011

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You can file jointly so long as you are legally married when you file. You can both be represented by the same lawyer so long as you are getting along with each other and there are no disputes between both of you that would create a conflict of interest for the same lawyer to represent both of you at the same time. Generally there is no problem filing jointly and using the same lawyer if all the debts are credit card and personal loans. It is better to do the bankruptcy first since it will simplify and reduce the cost of the divorce later since there will be no debts to fight about.

Answer Applies to: California
Replied: 12/13/2011

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If your legal separation is already final, you cannot file jointly. If not, then you should be able to file.

Answer Applies to: California
Replied: 12/13/2011

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If you are planning on filing a 7, you can file while legally separated/still legally married. Often it is more economical to file bankruptcy and divorce later. This saves attorneys' fees on division of assets and debts and saves potential heartache if one debt is assigned to one spouse, later s/he doesn't pay (or can't), and the other spouse ends up paying it anyway. If you are filing a joint case, you will need to work together during the process or your lawyer may not be able to continue to represent you (if, for instance, you cannot get along or there are restraining orders in place). If you are thinking about a 13, it is more problematic to file while separated as the 13 is intended to last for three to five years. In that situation it is probably not advisable to use the same attorney or to tie yourselves to joint payments for such a long period of time.

Answer Applies to: Wisconsin
Replied: 12/13/2011

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It sometimes is done with the consent of your domestic counsel, but presumptively it is a conflict of interest because you could have competing interests, particularly if you file a 13.

Answer Applies to: South Carolina
Replied: 12/13/2011

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Yes, as long as you're not legally divorced. However, you can only claim one homestead exemption, therefore if both of you have a house, one of you won't be able to claim homestead.

Answer Applies to: Florida
Replied: 12/13/2011

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As long as you are still married you can file a joint bankruptcy if you both cooperate.

Answer Applies to: Colorado
Replied: 12/13/2011

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Yes, you can file jointly with a declaration of separate households since you are still married.

Answer Applies to: California
Replied: 12/13/2011

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If a couple is still married but separated, they can file a joint bankruptcy. There are pros and cons, and this should only be done after an experienced lawyer reviews those pros and cons.

Answer Applies to: Georgia
Replied: 12/13/2011

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Yes, you can still file jointly if you are legally married, even if you maintain separate households. You simply need to complete two separate Schedule J forms in such a case to show your distinct expenses. Complications may arise, however, between spouses with regard to the disposition of certain assets, debts and/or other issues which may create a conflict for an attorney attempting to represent you both.

Answer Applies to: New Hampshire
Replied: 12/13/2011

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As long as you are legally married, you can file a joint bankruptcy. However, depending on the local court, you may not be able to double up on deductions for housing, transportation, etc. Your Atty can help explain the pros and cons.

Answer Applies to: North Carolina
Replied: 12/13/2011

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Generally speaking yes, though sometimes there are complications that can make this problematic. You might want to consult with a bankruptcy attorney on this. Consultations are generally free (mine always is) and that way you can be sure about if and how it will work.

Answer Applies to: California
Replied: 12/13/2011

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Yes, as long as you are not officially divorced, then you can file bankruptcy together.

Answer Applies to: Colorado
Replied: 12/13/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.