Spouse committed crime, am I still eligible to immigrate on my own?

[ImmPP]

Hi,

The situation is my spouse committed a theft and is being charged for it. We are separated for 5 mths now. I would like to submit my PR application. One of the first questions is has anybody on your application for Permanent Residence been charged with a crime. Should I answer yes even though I am not applying for him?

Secondly, since we are separated does he still have to fill out a declaration?

Thank you for your help!