Legal Question in Bankruptcy in New Mexico

What advantage would there be for a person to get married just hours or even a few days prior to filing for bankruptsy??


Asked on 12/15/10, 3:33 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

NM is a community property state. That means each spouse owns 1/2 of both the assets and the liabilities of the community. It may be an attempt by the bankrupt to cause the other spouse to be liable for 1/2 the debts, but it won't work if the debts were incurred prior to the marriage and/or the other spouse did nothing to indicate assumption of those debts or any portion of them. If this came as a surprise, the marriage is probably not destined to be long-term.

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Answered on 12/21/10, 10:42 am


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