Legal Question in Credit and Debt Law in California

Getting Married/Credit issues before and after

I am marrying someone with good credit and mine is bad. How will that affect his credit standing, if at all?


Asked on 1/23/02, 2:37 pm

2 Answers from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: Getting Married/Credit issues before and after

Well the good new is that it is going to help your credit. But the bad news is that it is going to hurt his credit. Sure, theoretically, you will have separate credit reports, and can have separate credit cards and buy everything in separate names, but the reality of the matter is that whenever you want to make a significant purchase like a home, the finance company will probably demand to see the credit report of both of you. California is a community property state which means that any debt either of you incur after marriage generally belongs to both of you, but debt you incur before marriage belongs to the individual. If having good credit is important to your fiancee, then it is probably better if you just do not get married. In the eyes of the law a marriage is nothing more than a license--like a fishing license or driver's license--The law, the courts, and the government do not care about your emotions. In my opinion, the legal benefits are better for couples who are not married than for those who are. From a legal standpoint geting married does not make any sense. The government takes unfair advantage or the fantasies people have surronding marriage. The only one who really benefits from the issuance of a marriage license is the government. What exactly are you getting from the government by the issuance of a license of marriage that you could not get otherwise in a diferent way? You might get health insurance through your spouse's employer--but come on, how many people really get married for that reason? By not being married, it is much easier to hide assets and protect yourself from a lawsuit, you get to double the exemptions you are entitled to under Califonia law, and can distribute income (esp if you have a business) that will maximize tax savings. Spousal support awards are fading away so this reason for getting married (if you are that kind of person) is no longer advisable either.

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Answered on 1/24/02, 6:33 pm
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Getting Married/Credit issues before and after

If you continue to keep your accounts seperate, as a practical matter, your marriage will have little or no effect upon your future husband's credit standing. Technically, however, a prenuptial agreement might give you some assurance.

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Answered on 1/23/02, 3:14 pm


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