Legal Question in Bankruptcy in California

My fiance and I are getting married next year. We live together, and because of his poor credit, everything is in my name. The house, the car, bills, credit cards, expensive purchases (TV, computer, etc.), literally EVERYTHING is in my name. I have very good credit. He and I do share a joint checking account where we both deposit our paychecks every week. He may have to file for bankruptcy. If he files before we are married, will this affect me once we are married? Will filing for bankruptcy affect our joint bank account?

Asked on 8/27/13, 1:21 pm

2 Answers from Attorneys

Scott Jordan Dunning Law Firm

I suggest you keep separate bank accounts for the time being. If he has creditors suing him, the creditors could take all of the money in your joint account.

Will his filing bankruptcy affect you once you are married? No, except that you won't be able to get joint credit anytime soon.

Will filing for bankruptcy affect your joint account? Yes. See above.

If your fiancÚ is interested in discussing his options, I provide a free initial consultation and would be happy to discuss this with him.

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Answered on 8/27/13, 2:45 pm

Charles Andersen Charles Andersen, Atty

Be carefull as well, that the property was not transferred into your fiancee's name prior to the filing. It is recommended that he file prior to the marriage

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Answered on 8/27/13, 6:57 pm

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