Marrying Someone Who Has Filed For Bankruptcy - Westgate Law

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Marrying Someone Who Has Filed For Bankruptcy

One of our readers asked, “If I am marrying an individual who has declared bankruptcy before our marriage, how does that affect my credit, and what responsibilities might I incur?”

First things first, congratulations to you on your upcoming marriage. However, as you embark on a new chapter in life, you must understand the potential impact on your credit and the responsibilities of your partner declaring bankruptcy before marriage.

It’s fair to be apprehensive on matters like these. Even married couples with good credit must pay attention to such legal concerns. Hopefully, this article will provide better clarity, ensuring you can make informed decisions while safeguarding your financial well-being.

Understanding Credit Independence

Fortunately, your fiancée’s poor credit will not directly affect your credit score. Marriage does not merge your credit reports, and your fiancée’s preexisting debts remain her sole responsibility. Your good credit history and score will remain intact.

Impact on Joint Credit Applications

Here’s the thing – while your credit remains separate, joint credit applications may be affected. Lenders may be cautious about extending credit if your fiancée’s credit history is concerning. In some cases, lenders might exclude her from the loan altogether. If she is included, the interest rates could be much higher, leading to increased monthly payments.

Cosigning Considerations

If your fiancée needs to finance a major purchase like a car, you might be tempted to cosign for her. But it’s crucial to recognize that cosigning makes you equally liable for the debt, regardless of your marriage status. In the event of a default, lenders will pursue you first as the cosigner. Therefore, exercise caution before committing to cosigning agreements.

Here Is How You Can Establish a Safer Approach

To help your partner rebuild her credit post-bankruptcy while protecting your financial stability and avoiding future conflicts in the marriage, consider the following strategies:

Limited Cosigning: If at all you decide to cosign for her, set a sensible limit, such as $5,000 to $7,500 for a car loan. It ensures manageable risk for you while allowing her to begin rebuilding her credit gradually. And remember, her dream car can be an option in the future, not right now.

Building Credit: Encourage your fiancée to establish an independent credit profile by obtaining a secured and low-balance credit card that you cosign on. Within 2 years of filing bankruptcy, these responsible credit practices will help her regain a positive credit history.

Patience and Long-Term Goals: Although she may have dreams of purchasing her desired car immediately, it’s important to prioritize financial stability. By taking a cautious and calculated approach, you can both work towards helping her achieve her goals without jeopardizing your hard work.

The Key Takeaway

Marriage does not merge credit reports or make you responsible for your partner’s preexisting debts. However, joint credit applications and cosigning arrangements may be influenced by your fiancée’s credit history. By taking the correct measures, you can support her financial recovery while protecting your own credit. And remember, patience and meticulous decision-making will contribute to long-term financial success for both of you.

Partner With Experts for Better Assistance

Seeking the guidance of a qualified attorney can be invaluable in navigating situations like the above. They have the desired expertise and knowledge to provide better legal analysis and insights into the potential impact of your decisions.

If you’re in Los Angeles, you might want to talk to the bankruptcy lawyers at our law firm, Westgate Law. We can assist you in your unique situation and provide tailored advice to help you navigate the complexities of your financial situation during your marriage.

Connect with us to discuss your situation and get started right away.


Disclaimer: This article is for educational purposes only and should not be construed as legal advice. Seek the assistance of a qualified attorney to address your circumstances and make informed decisions.

About the Author

Justin Harelik

Justin has a singular goal: to get people out of financial distress and move them to financial stability and prosperity. He does this by combining 15 years of in-depth experience in bankruptcy, credit management, debt negotiation and student loan modifications, and he does it with both English and Spanish-speaking clients.

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