QUESTION

Do I have to file Bankruptcy before I get remarried so my future husband will not be liable for my past bad debt and taxes owed?

Asked on Aug 13th, 2012 on Bankruptcy - California
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4 ANSWERS

Bankruptcy Attorney serving Oakdale, CA at Law Office of Todd Whiteley
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You do not have to file bankruptcy before getting married in order to keep your new husband from being liable for your past debts and taxes. However, many people in Community Property states like California do. Filing before marriage or immediately after marriage, when the line between separate debt and community debt is still sharp and clear allows one partner in the marriage to keep the other partner from incurring liability for their pre-existing debt.
Answered on Aug 16th, 2012 at 8:42 PM

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You debts are yours. They are not your new husband's problem. That said you may want to file bankruptcy before marriage if you want to own property jointly with your new husband. The creditors could try to sue you and lien the property. Keep everything including bank account separate and have a pre-marital agreement stating everything is separate.
Answered on Aug 16th, 2012 at 8:15 PM

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Your future husband will not be liable for debts that you incurred prior to marriage whether you file bankruptcy or not. However, your desire to enter into marriage at least free of debt seems like a good plan. Whatever you do, do it before the wedding day.
Answered on Aug 16th, 2012 at 7:44 PM

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It is a real good idea because the community assets will be liable for your separate debts but not absolutely necessary. You want to file and gets a discharge first. You actually need a consultation with a BK attorney to develop a financial plan.
Answered on Aug 14th, 2012 at 12:45 PM

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