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“ Craig D. Robins, Esq., has been a practicing Long Island bankruptcy attorney for over twenty-four years ”
Written by Craig D. Robins, Esq.Husbands and wives can file a joint bankruptcy petition. When both spouses need bankruptcy relief, it is quite easy to file a joint petition, and it is half the work of filing two separate petitions. See my post: Married Consumers Can File for Bankruptcy With or Without the Spouse .
But what about couples that have been together for so long that they’ve considered themselves married for decades, even though they were never legally married?
A recent case from California highlights the notion that only legally-married couples can file a joint petition. In that case, the two debtors had been living together in a relationship for so long that they considered themselves married, and they even told their attorney that they were married. They therefore filed a joint bankruptcy petition as if they were husband and wife.
However, when they appeared for their meeting of creditors, it came out that they never became legally married. The trustee was then compelled to bring a motion to dismiss the case. All was not lost, however, because at the request of the female debtor, the court permitted her to amend the petition so she could complete the bankruptcy. Her partner, however, had to file a new case. [In re Lucero, 2009 Bankr. LEXIS 2125 (Bankr. C.D.Cal. July 6, 2009)].
