If you have serious debt problems and are about to get married, you should file bankruptcy before you get married. This could be the best wedding gift that you give to your fiance! Bankruptcy could get rid of your debts so that they don’t hinder your marriage and your new spouse.
Many married people often ask whether they are liable for debts incurred by their spouse. The answer is not exactly straightforward in California, because we are a community property state. Creditors may come after community property for the debts of either spouse, so the answer is “sort of.”
In order to understand your liability for debts of your spouse, you must understand what community property is. In California, once you are married everything you acquire except for inheritances and gifts is community property, including your income and the money in your bank accounts. All of that property is therefore at least somewhat available to creditors for the debts of either or both of you.
If you bring your debts into the marriage, everything you and your spouse acquire during the marriage could be used or taken to pay your debts, including garnishing of up to 25% of both of your incomes and taking (levying) all the money from the bank accounts of either or both of you if the money in those accounts is community property.
Filing bankruptcy before you get married will avoid bringing your debts into your new marriage. If you have serious debt problems and are about to get married, contact a bankruptcy attorney today to make an appointment for a free consultation. Give your fiance a debt-free spouse when you get married.