Legal Question in Bankruptcy in Wisconsin

Usually not, but there certainly could be complications if you do not opt out of the WI Marital Property Act before you marry. A relatively simple document signed before the marriage could keep your two financial lives separate in terms of the rights of your creditors. If you marry and do not sign this, there is a chance that creditors (or the chapter 13 trustee who represents them) could consider the extra household income of your new spouse and request additional funds from you, depending upon what stage your case is at. If you were to marry in a community property state such as WI without one of these agreements, you would own 1/2 of your new spouse's income as well as other marital property. Your creditors would have a right to look to such property for payment of your debts. It is very common for spouse's wages to be garnisheed for the other spouse's debts in WI for that reason.

Usually not, but there certainly could be complications if you do not opt out of the WI Marital Property Act before you marry. A relatively simple document signed before the marriage could keep your two financial lives separate in terms of the rights of your creditors. If you marry and do not sign this, there is a chance that creditors (or the chapter 13 trustee who represents them) could consider the extra household income of your new spouse and request additional funds from you, depending upon what stage your case is at. If you were to marry in a community property state such as WI without one of these agreements, you would own 1/2 of your new spouse's income as well as other marital property. Your creditors would have a right to look to such property for payment of your debts. It is very common for spouse's wages to be garnisheed for the other spouse's debts in WI for that reason. My comments in this online forum are offered for public educational purposes only and are not legal advice, nor do they create any attorney/client relationship between us. Even if I were advising you, the background information which you provided did not include sufficient detail to allow any sort of reliable advice upon which you should rely. Finally, I may be able to represent you if you contact my Racine office and make arrangements formally retain me. I represent clients throughout the state of WI.