How can I ensure that my fiance will not be affected by my bankruptcy? 18 Answers as of February 25, 2011

I want to file for bankruptcy in order to avoid paying for deficiency on the foreclosure. How long do I have to wait to get marry so my fiance won't be affected once we get married? I am worried that the lien holder will go after my fiance for the deficiency once we get married.

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Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
The best way to be sure that your fiance will not be affected by your bankruptcy is to file bankruptcy before you get married.
Answer Applies to: California
Replied: 2/25/2011
Uriarte & Wood, Attorneys at Law
Uriarte & Wood, Attorneys at Law | Robert G. Uriarte
File before you get married. This is your debt not hers, so they will not have the ability to go after her at all.
Answer Applies to: California
Replied: 2/23/2011
Diana K. Zilko, Attorney at Law
Diana K. Zilko, Attorney at Law | Diana K. Zilko
If your fiance was not part of the original loan, and was not married to you at the time, then the lender cannot seek payment from your fiance. The deficiency, once discharged, should not affect either of you.
Answer Applies to: California
Replied: 2/22/2011
Rhonda R. Werner Schultz, PL
Rhonda R. Werner Schultz, PL | Rhonda R. Werner Schultz
I can only speak to Florida so if you live elsewhere you will need to contact a local attorney. Your marriage will not result in your fianc being responsible for your premarital debt, unless his/her name was on the debt with you. If his/her name is not on the debt, your marriage alone does not transfer the debt to your new spouse.
Answer Applies to: Wisconsin
Replied: 2/21/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Even husbands and wives are required to have separate credit reports.
Answer Applies to: Tennessee
Replied: 2/21/2011
    Greifendorff Law Offices, PC
    Greifendorff Law Offices, PC | Christine Wilton
    Wait until you receive your discharge. This is premarital debt and will not be part of any marriage community. The creditor cannot come after your wife because the debt was incurred prior to marriage.
    Answer Applies to: California
    Replied: 2/21/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    You can get married anytime after you file. It will really make no difference if you get married before or after you file but if you are married at the time of filing your fiance's income will have to be included in the petition and considered in your case. The creditors cannot go after your fiance or husband for those debts before the marriage whether you file before or after getting married.
    Answer Applies to: California
    Replied: 2/21/2011
    DiManna Law Office, LLC.
    DiManna Law Office, LLC. | Dawn DiManna
    You should consult with an attorney because based on these facts, your fiance wont be affected regardless of when you file and if a person isnt on a defaulted note, the company cannot come after that person.
    Answer Applies to: New Hampshire
    Replied: 2/21/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    If you file bankruptcy and receive a discharge, on what legal basis would a lienholder go after your fiance? As long as the debt was incurred before you got married, the bankruptcy will discharge your obligations on the debt and your fiance can't be held liable post marriage. It's logistically probably best to file the bankruptcy case before you get married, but not necessarily required. You really need to consult with a bankruptcy attorney in your area for more details.
    Answer Applies to: California
    Replied: 2/21/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    She will not be affected. You do not need to wait to get married.
    Answer Applies to: California
    Replied: 2/21/2011
    Gresham Family & Bankruptcy Law
    Gresham Family & Bankruptcy Law | Lillian Suelzle Watson
    A new spouse is not responsible for old debts of a new spouse. The creditor could not go after you husband. If you file bankruptcy, you cannot be sued for the deficiency judgment. Good luck in your new relationship.
    Answer Applies to: Oregon
    Replied: 2/21/2011
    Law Office of David P. Farrell
    Law Office of David P. Farrell | David Farrell
    File your petition before you get married. In community property states like California, community property, which includes your spouses earnings once you are married, can be used to satisfy premarital debts of either spouse.
    Answer Applies to: California
    Replied: 2/21/2011
    Law Offices of Dennis Baranowski
    Law Offices of Dennis Baranowski | Dennis Baranowski
    Since you are not married, your debt does not affect your fianc. Even if you get married while your bankruptcy is pending, the lien holder will not be able to seek any recourse against your fianc since it is your separate debt and existed prior to the marriage. Depending on the nature of the loan, you may not be liable for any deficiency either. You should speak with an experienced bankruptcy attorney to discuss your options.
    Answer Applies to: California
    Replied: 2/21/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    If she did not incur the debt, or is not on the bills, they cannot pursue her.
    Answer Applies to: Alabama
    Replied: 2/21/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    Don't' get married before you file bankruptcy and don't be living in the same household.
    Answer Applies to: California
    Replied: 2/21/2011
    Law Office of James Wang, APLC
    Law Office of James Wang, APLC | James Wang
    As long as your fiance's finances have been kept separate from that of your own. The safest way is to make sure all of your debts are fully discharged by the court before you register as married couple.
    Answer Applies to: California
    Replied: 2/21/2011
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