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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I am getting married very soon. I may have to take a bankruptcy.

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I am getting married very soon. I may have to take a bankruptcy. Is there a way to protect my future spouse, her assets and her credit from my potential bankruptcy which, if it happens, would happen after our marriage?


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

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 8 years ago.
Should I be able to receive a homestead exemption under Chapter 7? If bankruptcy is chosen as the direction I need to go, it will have to be an outright liquidation.

If you file bankruptcy, you can claim the homestead exemption if you meet the residency requirements for that state.
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