Should I get married after a bankruptcy discharge or will it not matter? 13 Answers as of September 03, 2014

I’m getting married in October. My fiancé is waiting for his bankruptcy to discharge. Will his debt roll to me if we're married before the discharge happens?

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GARCIA & GONZALES, P.C. | Richard N. Gonzales
It makes no difference. Good luck!
Answer Applies to: Colorado
Replied: 9/3/2014
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
No, you can get married now.
Answer Applies to: California
Replied: 9/2/2014
Dickson Law Group, LLC
Dickson Law Group, LLC | John P. Dickson
No, you will not accrue debt or obligations merely because you marry someone.
Answer Applies to: Illinois
Replied: 9/2/2014
Rhymer Law Firm
Rhymer Law Firm | William Rhymer
It probably will not matter. However, if he is in a Chapter 13 and has an aggressive Chapter 13 trustee, they could try to raise his payments if you have an income that would increase his household income. This is legally possible but rarely done.
Answer Applies to: Georgia
Replied: 9/2/2014
Ronald K. Nims LLC | Ronald K. Nims
Your spouse's premarital debts never become your obligation merely because you married him/her.
Answer Applies to: Ohio
Replied: 9/1/2014
    The discharge in bankruptcy only affects the petitioner. It would not matter if you get married before or after the discharge as far as the bankruptcy goes.
    Answer Applies to: Minnesota
    Replied: 9/1/2014
    Law Offices of Linda Rose Fessler | Linda Fessler
    No, don't worry. All the best in your marriage.
    Answer Applies to: California
    Replied: 9/1/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    No, you are safe. His debt cannot attach to you.
    Answer Applies to: New York
    Replied: 9/1/2014
    Cohen & Kendziorra, P.A.
    Cohen & Kendziorra, P.A. | Robert S. Cohen
    In answer to your question, you are not legally responsible for your fiance's debt. Your fiance's debt will be discharged in bankruptcy allowing him to get a fresh financial start without the burden of debt.
    Answer Applies to: Florida
    Replied: 9/1/2014
    Stuart Jon Bierman  Attorney at Law
    Stuart Jon Bierman Attorney at Law | Stuart Jon Bierman
    No, usually his debts will not be your responsibility as long as you were not involved in that debt. For example, as long as you did not co-sign for them or were a joint signer on a credit card account, etc, then those usually those debts would be his sole responsibility. I suppose that in an unusual situation, such as where you significantly benefited from him incurring the debt, then a creative and highly-motivated creditor could try to hold you responsible on some sort of an unjust enrichment or equitable argument but that would be an unusual situation. That might be more of factor then weather or not you are married. You know the facts of your own particular situation and if it does not pass the "smell" test then to be safe you should consult with an attorney.
    Answer Applies to: New Jersey
    Replied: 9/2/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    It won't matter. The discharge is effective as of the date the bankruptcy case is filed.
    Answer Applies to: Oregon
    Replied: 9/2/2014
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