Can my fiance file for bankruptcy before marriage? 32 Answers as of May 31, 2013

Me and the father of my children plan to marry in May. We just recently received a $18,000 hospital bill for him in which he was currently covered under insurance but the insurance company said that they will not go back and rebill after 6 months. If we get married, will I be held liable for his debt? I am concerned since our house is in my name only and I don't want a lien on my home. Can he file bankruptcy before marriage?

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Moore Taylor Law Firm, P.A.
Moore Taylor Law Firm, P.A. | Jane Downey
Yes.
Answer Applies to: South Carolina
Replied: 5/31/2013
Philip R. Boardman, Attorney at Law
Philip R. Boardman, Attorney at Law | Phil Boardman
Yes, he may file before marriage.
Answer Applies to: Virginia
Replied: 11/23/2011
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
Yes.
Answer Applies to: California
Replied: 5/31/2013
Bruning & Associates, PC
Bruning & Associates, PC | Kevin Bruning
Your fiance can file bankruptcy before you are married.
Answer Applies to: Illinois
Replied: 11/22/2011
Ross Smith, Attorney at Law
Ross Smith, Attorney at Law | Charles Ross Smith III
Yes, your fiance can file a bankruptcy before he gets married. No, you will not be responsible for his medical debts incurred prior to the marriage. Yes, you WILL be responsible for his medical bills incurred AFTER the marriage. The only reason that your fiance may want to wait to file bankruptcy until after he is married is for you to possibly ride along with him in a bankruptcy. If you need a bankruptcy, you may be able to tag along for as little as $100.00 extra on your new spouse's bankruptcy fees. Good luck.
Answer Applies to: Ohio
Replied: 11/23/2011
    Gregory J. Wald, Attorney at Law
    Gregory J. Wald, Attorney at Law | Gregory J. Wald
    Yes, he can file before you get married.
    Answer Applies to: Minnesota
    Replied: 5/31/2013
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    If the hospital bill was covered I suggest you go after the insurance company. You will not be liable for his debt.
    Answer Applies to: Colorado
    Replied: 11/21/2011
    Ruiz Law Group, P.C.
    Ruiz Law Group, P.C. | Frances Ruiz
    You will not be liable for your fiance's bills but I think he should file bankruptcy before you get married.
    Answer Applies to: New York
    Replied: 11/21/2011
    Cohen & Kendziorra, P.A.
    Cohen & Kendziorra, P.A. | Robert S. Cohen
    As long as you didn't sign any documents with the hospital obligating you to pay, then you are not responsible for his debt and a lien, which would be filed and recorded only after the hospital files a lawsuit and executes a judgment, can't not be recorded against real property not owned by the defendant in the lawsuit and on the judgment. Yes, your fiance can file bankruptcy before your marriage and even during your marriage without you being included in the filing.
    Answer Applies to: Florida
    Replied: 11/21/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Once you are married the property you accumulate is community property and can be taken to pay his bills. There is also the issue of commingling which means that your separate property and his will be so mixed up that it will be hard to determine what is your alone and what is community property plus any money in joint accounts can be taken since it belongs to both. There may also be a lien placed on your house under the mistaken impression by a creditor that the house is community property. There is also the issue of having to include your income in his bankruptcy petition once you are married. Therefore, definitely the best time to do it is before the marriage.
    Answer Applies to: California
    Replied: 11/18/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Your fiance can file bankruptcy before marriage. If he has debts and doesn't file bankruptcy your spouse'scommunity property of the marriage can be held liable for your fiance's debt
    Answer Applies to: California
    Replied: 11/18/2011
    Mazyar Hedayat and Associates
    Mazyar Hedayat and Associates | Mazyar Malek Hedayat
    To begin with: yes, your fiancee can file for bankruptcy before you are married. That said, he does not necessarily have to do so in order for you to be insulated from his debts. However, there are benefits to having your fiancee clean up his financial house before you are married.
    Answer Applies to: Illinois
    Replied: 11/18/2011
    Charles R. Nettles - Attorney at Law
    Charles R. Nettles - Attorney at Law | Charles R. Nettles
    His debt is always his debt. Marriage doesn't make you responsible for his debts. He can file anytime he wants to even if he plans to marry you in a few months.
    Answer Applies to: Texas
    Replied: 11/18/2011
    Law Offices of Daniel Moulton
    Law Offices of Daniel Moulton | Daniel Moulton
    You shouldn't be responsible for a bill that was incurred before marriage but he can do a Chapter 7 before marriage, or after. Some people insist on filing before so the marriage isn't bogged down by debt.
    Answer Applies to: Illinois
    Replied: 11/18/2011
    Law Offices of Robert P. Taylor
    Law Offices of Robert P. Taylor | Robert P. Taylor
    They cannot hold you liable for your Husband's premarital debt. However, if they get a judgment against him, they could levy any joint accounts you two have and, of course, garnish his wages. Long story short, you could end up paying oneway or another. That said, your boyfriend can file for bk prior to your marriage if he otherwise qualifies. Whether it's a good financial decision for $18,000.00, I would definitely need to know more.
    Answer Applies to: California
    Replied: 11/18/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    He could file, but before he does he may want to have a lawyer look at whether his insurer should be sued instead.
    Answer Applies to: Georgia
    Replied: 11/18/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Bankruptcy can be done by one person before marriage as long as it is done in good faith and not to defraud creditors.
    Answer Applies to: Indiana
    Replied: 11/18/2011
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    Yes your fiance can file before marriage. No it does no effect you after marriage.
    Answer Applies to: Florida
    Replied: 5/31/2013
    Lindsey Scott and Associates | Lindsey Scott
    Yes husband can file for bankruptcy before marriage. The $18,000.00 debt was incurred prior your marriage, and is therefore a separate debt. The creditor can not go after you are your assets for this debts since it was created prior to your marriage.
    Answer Applies to: Louisiana
    Replied: 11/18/2011
    James Branum Law
    James Branum Law | James Branum
    Under Oklahoma law, you will not be responsible for your fiances pre-wedding medical bills after you get married. And your house is exempt anyway, meaning that even if the debts were your responsibility, they can't put a lien on your house. As for your last question, yes he can file individually bankruptcy before or after marriage. If he decides to wait until after he gets married, you do not have to file jointly with him. Of course there are always complicating factors.
    Answer Applies to: Oklahoma
    Replied: 11/18/2011
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    Yes. And debt is personal, his debt in his name alone won't affect you. Moreover, a primary residence is always exempt as homestead, nobody can touch it except loans secured with the house, I.e. mortgages. But they could start garnishing his wages if they obtain a judgment against him. Bankruptcy is the only way to get rid of it and yes it would be better if he files before you get married.
    Answer Applies to: Florida
    Replied: 11/18/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Yes, he can file, and no it can't hurt you if he does not.
    Answer Applies to: California
    Replied: 11/18/2011
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Yes.
    Answer Applies to: Michigan
    Replied: 5/31/2013
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    Yes.
    Answer Applies to: California
    Replied: 5/31/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Yes, he can file for bankruptcy before you are married to clear the debt. But if his name never goes on the deed of the house, then the creditor can not put a lien on it just because you are married.
    Answer Applies to: New York
    Replied: 11/18/2011
    Siegel & Siegel, P.C. | Sharon M. Siegel
    Your fiance can file for bankruptcy to discharge this, however, you cannot be responsible for premarital debt, including this.
    Answer Applies to: New York
    Replied: 11/18/2011
    Engberg Law Office
    Engberg Law Office | Harry A. Engberg
    If the medical bill is for your children, you are both liable. If it is for him you will not be liable, but problems can occur. You can not put his name on the house or on joint bank accounts. If you do these accounts could garnished. Of course they will try to garnish his pay checks. Normally It would be better if he filed before marriage. There are cases where that is not true.
    Answer Applies to: South Dakota
    Replied: 11/18/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    No, his bills incurred prior to marriage are not yours and they cannot come after you. However, if they came after him, they could attach wages he makes, which would affect the family income. Yes, he can file before you get married, and based on the limited information you gave, he in fact may be better off doing so before you are married.
    Answer Applies to: California
    Replied: 11/18/2011
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    Yes, he can file, provided that he qualifies. He should speak to a bankruptcy attorney to ensure he can qualify.
    Answer Applies to: California
    Replied: 11/18/2011
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