Legal Question in Bankruptcy in California

Should We Claim Bankruptcy Before or After Marriage?

My fiance and I will be getting married in Sept. Currently, she still legally owns a house and vehicle (as well as several credit cards) with her ex-boyfriend. Despite a legally binding agreement on closure of these properties, he has failed to adhere to the agreed terms, causing her a pile of debt we cannot afford to carry. Creditors call her daily and she cannot secure any further credit. Meanwhile, the ex-boyfriend is required by the legally binding agreement to have already paid her an amount in excess of $10,000, (among several other stipulations) which he has not done and is not likely to do. We are considering claiming bankruptcy to eliminate the problem. Would it be easier/more beneficial to claim before we get married? If we wait until after we're married, how will the effect be different for us than if we file beforehand?


Asked on 7/24/06, 9:02 pm

1 Answer from Attorneys
Judith Deming Deming & Associates

Re: Should We Claim Bankruptcy Before or After Marriage?

Unless you, too, have debt you cannot afford, why wait until after marriage to file? She should file alone and prior to your marriage, and if her ex owes money to her, and if the agreement he has not lived up to is "legally binding," then the bankruptcy trustee can go after the ex to recoup whatever he can to apply toward the debts. Remember, a bankruptcy stays on your credit for ten years, so if you both file, then you both have very negative credit; if you do not need to file, don't.

Read more
Answered on 7/25/06, 12:53 am


Related Questions & Answers

More Bankruptcy Law questions and answers in California