If I am unmarried but living with someone can we file a bankruptcy together?

Your roommate can be your joint debtor only if he or she is married to you. If you file and your non-spouse roommate doesn't, he or she may continue to be liable for the debts.

He or she must file his/her own bankruptcy to be protected from your common creditor. Since your non-spouse roommate is liable on the same debt, you need to list him or her as a co-debtor. If you are separated from your legal spouse, your bankruptcy petition can be prepared showing two separate living expenses for each person.

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