QUESTION
Will my future husband's income be considered when I file for bankruptcy?
Asked on Nov 06th, 2011 on Bankruptcy - California
More details to this question:
I am a 60 year old widow planning to remarry in Dec. Filing bankruptsy as I have $24000.00 in credit card debt. Will my husband's income be considered?
23 ANSWERS
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Yes toward eligibility.
Answered on Jul 03rd, 2013 at 1:35 AM
Bankruptcy & Debt Attorney serving Jackson Heights, NY
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Ruiz Law Group PC
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Not your while your fiance remains just that. Once he is your husband his income is considered.
Answered on Nov 10th, 2011 at 10:06 AM
2 Awards
Yes, it does if he is presently part of your household.
Answered on Nov 10th, 2011 at 9:23 AM
Banking Attorney serving Spokane, WA
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Law Office of Shane P. Coleman
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If you are single the day you file for bankruptcy, then your future spouse's income will not be considered.
Answered on Nov 09th, 2011 at 1:33 PM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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Household income is considered whether you are married or not. If he is not in the household then his income is not considered.
Answered on Nov 08th, 2011 at 11:16 PM
Glen Edward Ashman
Meet with a lawyer ASAP. The timing of a wedding may be important, and in some situations his income will count.
Answered on Nov 08th, 2011 at 10:55 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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If a single person files bankruptcy they do not have to disclose a fiancee's income.
Answered on Nov 08th, 2011 at 10:54 PM
If you are married at the time of filing bankruptcy, and your debt is primarily consumer in nature, then yes, your husband's income will likely be considered in determining your eligibility.
Answered on Nov 08th, 2011 at 10:53 PM
Daniel James Wilson
Yes. You might want to consider filing before marriage.
Answered on Nov 08th, 2011 at 10:14 PM
Chapter 7 Bankruptcy Attorney serving Huntington Beach, CA
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Law Offices of Robert Parkinson Taylor
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I think it's possible. If his income is modest I doubt it would be a big deal. However, if he makes a lot, who knows. If you were my client and he made a lot of money, I would have you wait until your bankruptcy was over to get married.
Answered on Nov 08th, 2011 at 6:23 PM
If you plan on filing for Bankruptcy before getting married, and your future spouse has noticeable assets or income, it may be advantageous to wait until you are granted a discharge before getting remarried. This will avoid any possible complications regarding the additional assets or income being included in your petition.
Answered on Nov 08th, 2011 at 6:22 PM
Chapter 13 Bankruptcy Attorney serving Bloomington, MN
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Gregory J. Wald
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If you file the bankruptcy before you marry him, then you will not need to include his income as part of your current income. However, you must disclose any change in income that you reasonably expect to occur within the next 12 months. If he has a high enough income, it is possible that the court might expect you to do a chapter 13 bankruptcy case, instead of chapter 7. However, this requires detailed analysis by an experienced bankruptcy attorney.
Answered on Nov 08th, 2011 at 6:22 PM
Bankruptcy Chapter 7 Attorney serving Fort Collins, CO
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The Salas Law Firm LLC
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Yes, if you are married you must count the entire household income regardless of which member of the family is filing.
Answered on Nov 08th, 2011 at 6:22 PM
Your income is considered at the time of filing for bankruptcy, which includes your joint income for the 6 months before filing. So if you file for bankruptcy, then your future husband's income will not be considered for your bankruptcy petition. That said, if your income situation changes after filing for bankruptcy, you are required to inform the bankruptcy trustee of this position, including if you have become married and now have a joint income to claim.
Answered on Nov 08th, 2011 at 6:22 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com
William P. Turner
Yes, if your Husband is part of your household. You may want to consider filing bankrutpcy before you get married.
Answered on Nov 08th, 2011 at 6:16 PM
judith runyon
No, as long as you file before you marry, but talk to a bankruptcy attorney first.
Answered on Nov 08th, 2011 at 5:52 PM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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Yes if you file after the marriage. Spouses have a legal obligation to support each other and his income is available for your support. Furthermore, if he lives in the same household supposedly must contribute his available income for expenses of the household. Unless your future husband makes a lot of money it might not make any difference.
Answered on Nov 08th, 2011 at 5:51 PM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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Yes. Definitely. Your future husband's income would be considered once you marry. You should consult an experienced and reputable bankruptcy attorney to determine the best timing to file, which usually is as long * before* the wedding as possible.
Answered on Nov 08th, 2011 at 5:42 PM
Bankruptcy Attorney serving Myrtle Beach, SC
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Law Office of Margaret L. Evans, PC
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If you are NOT legally married NOW, then no, file BEFORE you get married. As long as you aren't legally married at the time of filing, then NO, his income will NOT be considered.
Answered on Nov 08th, 2011 at 5:38 PM
Bankruptcy & Debt Attorney serving Longmont, CO
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William Edward Zurinskas
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Yes, if you file after getting married. Do not get married until you talk to a Bankruptcy Attorney.
Answered on Nov 08th, 2011 at 5:37 PM
Debtor's Rights Attorney serving Atlanta, GA
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Theodore N. Stapleton, P.C.
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The means test for income eligibility takes into account the income of anyone living in the house. If there is a question about income eligibility you should file before getting married.
Answered on Nov 08th, 2011 at 5:34 PM
2 Awards
If you are married when you file bankruptcy then yes, your husband's income will be considered. I suggest filing bankruptcy before you remarry.
Answered on Nov 08th, 2011 at 5:34 PM
Family Law Attorney serving Indio, CA
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Law Office of Xochitl A. Quezada
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Your husband's income will be considered. It is best to speak to an attorney now. You need to determine if his income will affect your filing. If it will, then you should file now and wait to get married.
Answered on Nov 08th, 2011 at 5:33 PM