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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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My new husband will be going through the bankruptcy process

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My new husband will be going through the bankruptcy process this year. I have excellent credit. If I take his last name, will his bad credit / bankruptcy impact my good credit?

Thank you for your question. I am happy to assist you.

I am a lawyer with 25 years experience. While I am permitted to provide you with legal information, I am prohibited by and various state bar associations from giving legal advice, representing you or entering into an attorney-client relationship through this open and nonconfidential forum.

A husband and wife are not required to file a bankruptcy jointly. One party can file without the other.

The effect on the non-filing spouse will be dependent upon whether there are joint debts and/or joint assets. If there are no joint debts and no joint assets, there may be little or no effect on the non-filing spouse. If there are joint debts and/or joint assets, the non-filing spouse would remain liable on the joint debt and the joint assets would need to be included in the filing.

I hope that the information which I provided was helpful to you.

Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.
Customer: replied 5 years ago.

Thank you for the quick response. So it does not matter whether or not I take his name? I just want to clarify that the issue is if we have joint debt and/or joint assets, not whether or not I take his legal last name?


Yes that is correct. The issue is whether you have joint debt/assets not whether or not you take his name.

Best wishes for a Happy and Healthy New Year!
Ellen and 2 other Bankruptcy Law Specialists are ready to help you

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