QUESTION
How can I ensure that my fiance will not be affected by my bankruptcy?
Asked on Feb 18th, 2011 on Bankruptcy - California
More details to this question:
I want to file for bankruptcy in order to avoid paying for deficiency on the foreclosure. How long do I have to wait to get marry so my fiance won't be affected once we get married? I am worried that the lien holder will go after my fiance for the deficiency once we get married.
7 ANSWERS
The best way to be sure that your fiance will not be affected by your bankruptcy is to file bankruptcy before you get married.
Answered on Feb 25th, 2011 at 3:38 PM
William C. Gosnell
Even husbands and wives are required to have separate credit reports.
Answered on Feb 21st, 2011 at 2:40 PM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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You can get married anytime after you file. It will really make no difference if you get married before or after you file but if you are married at the time of filing your fiance's income will have to be included in the petition and considered in your case. The creditors cannot go after your fiance or husband for those debts before the marriage whether you file before or after getting married.
Answered on Feb 21st, 2011 at 2:18 PM
Family Law Attorney serving Kingston, NH
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DiManna Law Office, LLC
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You should consult with an attorney because based on these facts, your fiance wont be affected regardless of when you file and if a person isnt on a defaulted note, the company cannot come after that person.
Answered on Feb 21st, 2011 at 12:12 PM
File your petition before you get married. In community property states like California, community property, which includes your spouses earnings once you are married, can be used to satisfy premarital debts of either spouse.
Answered on Feb 21st, 2011 at 12:11 PM
A new spouse is not responsible for old debts of a new spouse. The creditor could not go after you husband. If you file bankruptcy, you cannot be sued for the deficiency judgment. Good luck in your new relationship.
Answered on Feb 21st, 2011 at 12:11 PM
judith runyon
Don't' get married before you file bankruptcy and don't be living in the same household.
Answered on Feb 21st, 2011 at 12:10 PM