Legal Question in Credit and Debt Law in California

Re: Just Married...Credit Question

Thanks for your posting, and congratulations on your marriage.

Credit reporting works primarily off your social security number, with some reporting agencies using some other confirming information. Changing names will not affect your credit rating.

Your wife is only responsible for community property debt incurred after marriage, or debts that existed before marriage that are "co-mingled", or paid with community property assets, such as wages.

Filing bankruptcy separately generally will not affect her credit, and it is illegal for a creditor to put information about someone else's bankruptcy on her report or suggest that she has filed if she has not.

Filing bankruptcy will not clear up your credit. The best way to do that is to have a good record of payments and employment, and lower your total debt to income ratio.

You do not have to file taxes together. Although filing as "married" gives you the benefit of greater exemptions and tax rates, you can file "married filing jointly", or "married filing single".

I hope this helps, and if you have other questions or need assistance with a bankruptcy or any other matter, please email me directly at [email protected].