I plan on getting married and was wondering if my future spouse is liable for any of my debt I incurred prior to us getting married?

Question Details: I live in the state of Idaho and most likely plan on filing bankruptcy in the near future. I also plan on getting married and wondered if my spouse will be liable for any of my debt (which is all my own) after we get married?

Asked 10/8/2009 under Bankruptcy | 451 View(s) | More Legal Topics

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Bankruptcy Law Answers

No, your future spouse is not liable for any of your debt.  If you file after you are married, if you have separate credit than your filing should not affect your husband's credit in anyway.  In fact, if you have no joint accounts or joint assets, then your bankruptcy will not affect your husband at all.  However, unless you are living apart and are legally separated, in a situation where only one spouse files, the income and expenses of the non-filing spouse is required so that the court, the trustee and creditors can evaluate the household's income (however, this will in no way obligate your husband, either legally or financially).  But for this reason you may want to file now. Obviously, to the extent you have joint accounts, he will be affected.  The same holds true for any joint assets not exempted by law.

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