Married filing alone??

[NeedNewStart]

Has anyone that is married filed as by themselves without your spouse? I would like to know how it went. Did it have any impact on your spouses credit?

I ask because I'm not married but we want to get married really bad! I'm not sure if I'll have to file or not but I might so I just want to be prepared.

Thanks!

[JRScott]

Depends on your state, if you live in a community property state it could cause problems, otherwise it is fairly common for one spouse to file without the other.

[NeedNewStart]

We live in Oregon but I'll be using Nevada exemptions (moved to Oregon last September). My fiance is a student, has no income and no assets just lots of student debt.

[JRScott]

Oregon is not a community property state, Nevada is.

[NeedNewStart]

I'm not really sure what that means exactly. So if I do need to file after we get married will it have any negative marks on his credit? We don't have anything to protect as far a assets or anything like that. I'm under the median income for one person and support us both on my earnings alone. He'll have a good job eventually, but for now he doesn't make any money at all.

I was just thinking it would make our life easier in the future if his credit is still good.

[JRScott]

Since you plan to use NV exemptions I would delay marriage til after the 341 meeting. However you could ask a lawyer to make sure since you are filing in Oregon. Since your filing in Oregon even if you are using Nevada exemptions it might not matter as far as NV being a community property state.

In a community property state marital assets are owned equally by both partners as is debt. So absolving ones responsibility does not absolve the other.

[NeedNewStart]

I guess we'll wait it out.... sounds risky. Thanks for the info.

[JRScott]

You're welcome

[Amy26]

I am married and filing alone. However my situation is kinda different since my Husband is not yet a US citizen and doesn't have any income. We also do not share any debts.

[NeedNewStart]

JR,
I've been thinking about this all day.... We seriously want to get married soon. I have no credit card debt, no car debt, no student debt. My only reason for possibly filing is because of a house that is listed for short-sale in NV. If the short-sale doesn't go through then I'll need to file because I'll be facing a $100,000+ deficiency judgment.

So.... the house is only in my name. Could he seriously be on the line for this debt if we get married? Even though I am the only one on the loan and I took out the loan before we even met. Again he has no income at all and no assets because he is a student. He will have a good job in a year, hopefully

[JRScott]

Need I'd suggest consulting a lawyer before getting married and make sure it wouldn't affect it or put him on the hook.

[optimistic1]

In a community property state marital assets are owned equally by both partners as is debt. So absolving ones responsibility does not absolve the other.

operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect or recover from, or offset against, property of the debtor of the kind specified in section 541 (a)(2) of this title that is acquired after the commencement of the case, on account of any allowable community claim, except a community claim that is excepted from discharge under section 523, 1228 (a)(1), or 1328 (a)(1), or that would be so excepted, determined in accordance with the provisions of sections 523 (c) and 523 (d) of this title, in a case concerning the debtor’s spouse commenced on the date of the filing of the petition in the case concerning the debtor, whether or not discharge of the debt based on such community claim is waived.
(b) Subsection (a)(3) of this section does not apply if—
(1)
(A) the debtor’s spouse is a debtor in a case under this title, or a bankrupt or a debtor in a case under the Bankruptcy Act, commenced within six years of the date of the filing of the petition in the case concerning the debtor; and
(B) the court does not grant the debtor’s spouse a discharge in such case concerning the debtor’s spouse; or
(2)
(A) the court would not grant the debtor’s spouse a discharge in a case under chapter 7 of this title concerning such spouse commenced on the date of the filing of the petition in the case concerning the debtor; and
(B) a determination that the court would not so grant such discharge is made by the bankruptcy court within the time and in the manner provided for a determination under section 727 of this title of whether a debtor is granted a discharge.
(c) An agreement between a holder of a claim and the debtor, the consideration for which, in whole or in part, is based on a debt that is dischargeable in a case under this title is enforceable only to any extent enforceable under applicable nonbankruptcy law, whether or not discharge of such debt is waived, only if—
(1) such agreement was made before the granting of the discharge under section 727, 1141, 1228, or 1328 of this title;
(2) the debtor received the disclosures described in subsection (k) at or before the time at which the debtor signed the agreement;
(3) such agreement has been filed with the court and, if applicable, accompanied by a declaration or an affidavit of the attorney that represented the debtor during the course of negotiating an agreement under this subsection, which states that—
(A) such agreement represents a fully informed and voluntary agreement by the debtor;
(B) such agreement does not impose an undue hardship on the debtor or a dependent of the debtor; and
(C) the attorney fully advised the debtor of the legal effect and consequences of—
(i) an agreement of the kind specified in this subsection; and
(ii) any default under such an agreement;

[jennordhavn]

I filed alone in CA 4 days after getting married. In our case, we did not (and still don't) have any joint assets, accounts or debts. It has not affected his credit at all.