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Individual Bankruptcy and Spouse Income

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Individual Bankruptcy and Spouse Income

Many people are under the impression that if they come in and file an individual Chapter 7 bankruptcy and they are married, they don’t have to include the spouse’s income. In the state of Texas, the law is stated as community property, meaning what is yours is his and what is his is yours. When it comes down to listing income in a >Chapter 7 bankruptcy, we have no choice but to list his income on the budget and the means test.

There are times when you have a client come in and they are still married, but they are separated. It depends on how long the couple has been separated for. If they have been separated for less than six months, then we will still have to include their income in a bankruptcy attorney immediately.

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