Legal Question in Bankruptcy in California

fiancee chapter 7

My fiancee filed chapter 7 in 1998 and it was approved. He says this will not impact me negatively when we get married. I own a home, have A+ credit. I am scared. Even if I keep home, IRA'S and credit cards in my name only would I be "safe"? What issues must I be aware of in a community property state pertaining to his situation? Any new debts he incurs prior to and after married (his name only) would I be responsible ?


Asked on 8/30/00, 10:11 am

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: fiancee chapter 7

Well, you are asking different questions. Let's take the second question first. Yes, after you are married, any debts he incurs the "community" will be liable for the debt. However, in reality, if the cards were in his name before you got married and you never sign on the cards, the chances of the credit card company finding out that you even exist is pretty slim. As to your first question, his Ch. 7 is over, so it won't affect you personally, but it is on his credit record, so to the extent you two develop or rely on joint credit, it will obviously be affected in part by his bankruptcy for until 2008.

If you are really concerned about all this, you should consider a prenuptial agreement.

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Answered on 10/03/00, 11:37 am


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