Can I get married before my bankruptcy is completed?

UPDATED: Oct 15, 2011

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Can I get married before my bankruptcy is completed?

If I do will my new husband be liable for my debts?

Asked on October 15, 2011 under Bankruptcy Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You husband is only potentially liable for debts that you accrued while you were married.  This is consistent with theories regarding community property.  For example, if while married a husband and a wife purchase a car—both will continue to be liable on the debt, even if a divorce decree is entered which gives one spouse the right to possession and the responsibility to pay.  This means that if your new husband was not responsible for the debt that is the subject of the bankruptcy, he cannot be held liable for that debt later.  However, there is still a word of caution.  Depending on how the bankruptcy is resolved (or is not resolved if your plan is not approved), a creditor may take action later against any co-mingled assets.  For example, if a creditor is able to garnish a checking account, then any monies he puts in could be potentially garnished because they have been combined with your money.  Until your bankruptcy is resolved, you should consider separate checking accounts.  Another issue that could affect your bankruptcy is how much money you have to satisfy the “means test”, depending on the type of bankruptcy that you file.  Some courts may expect you to pay more during your bankruptcy since you now have access to more support.  This can be very fact specific.  Before you jump in and muddle your current bankruptcy proceedings, take the time to talk to your bankruptcy attorney about the issues listed above to strategize the best course so that your bankruptcy doesn’t drain the romance out of your marriage.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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