I just got remarried. Will my new husband/wife lose their car and house if I file bankruptcy?


When you file bankruptcy, we will have to count his income as part of your household income, but not his assets.  Those assets which he acquired prior to your marriage are his sole and separate assets.

So, let’s say that you have $50,000 of medical debt and need to file bankruptcy.  You get married, and your spouse has a home with $100,000 of equity.  What happens to the house?  Nothing.  It was his asset prior to this marriage.  The only caveat would be if he put you on title right after you got married, and if that’s the case, then you’re in trouble.  new spouse assets

On the other hand, let’s say you have been married for a year, both working full-time, and you buy a car free and clear worth $10,000, but you put it in his name only.  That doesn’t protect it.  This is an asset you acquired after getting married.  You paid for it with joint marital assets.  Putting it solely in his name does not change the fact that you both own it jointly.  If you filed a single bankruptcy, the trustee would still consider that $10,000 car as property in which you own a 50% interest.