Legal Question in Bankruptcy in Connecticut

I have a question about bankruptcy and debt and how it could affect the person Im married to. I live in CT and I have credit card debt as well as student loans and want to know if I were to get married will that debt be tied to my spouse? Also, how should I file bankruptcy before I get married or is it better after?

Asked on 8/24/12, 8:27 am

1 Answer from Attorneys

Joel M. Grafstein Grafstein & Arcaro, LLC

As to the timing of a bankruptcy filing, you are much better off to file before you are married. Under the Bankruptcy Code there are substantial income reporting requirements for married couples. You have the absolute right to file a bankruptcy solely under your name. As to liabilities for your fiance, they are not liable for your debts, unless they have guaranteed the debt. That is the same answer whether you are married or single. Connecticut is not a community property state so your debts do not necessarily become your spouse's except for medical bills and possibly income taxes. Marriage is hard enough without bringing your debts into the relationship and therefore, I suggest that you file before you are married.

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Answered on 12/20/12, 9:26 am

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