QUESTION
Can my fiance file for bankruptcy before marriage?
Asked on Nov 17th, 2011 on Bankruptcy - Florida
More details to this question:
Me and the father of my children plan to marry in May. We just recently received a $18,000 hospital bill for him in which he was currently covered under insurance but the insurance company said that they will not go back and rebill after 6 months. If we get married, will I be held liable for his debt? I am concerned since our house is in my name only and I don't want a lien on my home. Can he file bankruptcy before marriage?
16 ANSWERS
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Yes.
Answered on May 31st, 2013 at 1:12 AM
judith runyon
Yes.
Answered on May 31st, 2013 at 1:12 AM
Chapter 13 Bankruptcy Attorney serving Bloomington, MN
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Gregory J. Wald
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Yes, he can file before you get married.
Answered on May 31st, 2013 at 1:04 AM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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Yes, he may file before marriage.
Answered on Nov 23rd, 2011 at 3:58 PM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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Your fiance can file bankruptcy before you are married.
Answered on Nov 22nd, 2011 at 12:52 PM
Bankruptcy & Debt Attorney serving Jackson Heights, NY
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Ruiz Law Group PC
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You will not be liable for your fiance's bills but I think he should file bankruptcy before you get married.
Answered on Nov 21st, 2011 at 1:30 PM
Daniel James Wilson
If the hospital bill was covered I suggest you go after the insurance company. You will not be liable for his debt.
Answered on Nov 21st, 2011 at 1:14 PM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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Once you are married the property you accumulate is community property and can be taken to pay his bills. There is also the issue of commingling which means that your separate property and his will be so mixed up that it will be hard to determine what is your alone and what is community property plus any money in joint accounts can be taken since it belongs to both. There may also be a lien placed on your house under the mistaken impression by a creditor that the house is community property. There is also the issue of having to include your income in his bankruptcy petition once you are married. Therefore, definitely the best time to do it is before the marriage.
Answered on Nov 18th, 2011 at 6:11 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Your fiance can file bankruptcy before marriage. If he has debts and doesn't file bankruptcy your spouse'scommunity property of the marriage can be held liable for your fiance's debt
Answered on Nov 18th, 2011 at 6:11 PM
Chapter 7 Bankruptcy Attorney serving Huntington Beach, CA
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Law Offices of Robert Parkinson Taylor
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They cannot hold you liable for your Husband's premarital debt. However, if they get a judgment against him, they could levy any joint accounts you two have and, of course, garnish his wages. Long story short, you could end up paying oneway or another. That said, your boyfriend can file for bk prior to your marriage if he otherwise qualifies. Whether it's a good financial decision for $18,000.00, I would definitely need to know more.
Answered on Nov 18th, 2011 at 4:37 PM
Glen Edward Ashman
He could file, but before he does he may want to have a lawyer look at whether his insurer should be sued instead.
Answered on Nov 18th, 2011 at 4:25 PM
Bankruptcy can be done by one person before marriage as long as it is done in good faith and not to defraud creditors.
Answered on Nov 18th, 2011 at 4:25 PM
Personal Injury Attorney serving Baton Rouge, LA
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Lindsey J. Scott
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Yes husband can file for bankruptcy before marriage. The $18,000.00 debt was incurred prior your marriage, and is therefore a separate debt. The creditor can not go after you are your assets for this debts since it was created prior to your marriage.
Answered on Nov 18th, 2011 at 4:20 PM
Under Oklahoma law, you will not be responsible for your fiances pre-wedding medical bills after you get married. And your house is exempt anyway, meaning that even if the debts were your responsibility, they can't put a lien on your house. As for your last question, yes he can file individually bankruptcy before or after marriage. If he decides to wait until after he gets married, you do not have to file jointly with him. Of course there are always complicating factors.
Answered on Nov 18th, 2011 at 4:20 PM
1 Award
Your fiance can file for bankruptcy to discharge this, however, you cannot be responsible for premarital debt, including this.
Answered on Nov 18th, 2011 at 2:27 PM
Personal Injury Attorney serving Gainesville, FL
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Lawrence J. Marraffino, PA
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He can definitely file for bankruptcy before your marriage and you can start your life together debt free. His bankruptcy will not affect your personal credit at all.
Answered on Nov 18th, 2011 at 2:18 PM