top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

what happens if I was to marry someone and I am in Chapt 13?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    what happens if I was to marry someone and I am in Chapt 13?

    I am wondering what happens to my case if I was to marry someone while I am in Chapt 13?
    In addition, what if this person just bought a house? Is that house in risk?

    #2
    You are the debtor. Legally what he brings into his marriage is his property not yours. It should not matter in the least. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

    Comment


      #3
      You had better talk to your attorney about this situation. If you are going to marry a person who just bought a house, it is quite likely that you will be moving in and combining expenses. This is bound to change your DMI in one way or another. Oh yeah - make sure you tell your espoused about your bankruptcy - you don't want to put a poison pill in that champagne toast at the reception!

      Comment


        #4
        Their house wouldn't be at risk because it's pre-marital property. However, you should review this with your attorney. Your disposable monthly income could possibly increase and you may need to contribute more to your Plan.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          So the person I am going to marry is looking to get a mortgage right now. The problem is that my income is so much more. Any chances for me to be somehow contributing the mortgage?

          Comment


            #6
            Originally posted by getback View Post
            So the person I am going to marry is looking to get a mortgage right now. The problem is that my income is so much more. Any chances for me to be somehow contributing the mortgage?
            Only if you're liable for it and you modify your plan and your plan is still feasible. Marriage happens during bankruptcy and many life changes can occur over the plan period of a Chapter 13. They are not without some expectation. The key is, just what affect a new marriage and mortgage would do to your Plan.

            If you're already in a 100% plan and still have enough money to contribute to the mortgage, this isn't even an issue and requires almost no changes. Other than being in that 100% plan, for you to contribute to the mortgage would probably require you to take it from your expenses and not from our disposable income. You could attempt to modify your Plan to reduce your plan payment, but be prepared for a fight (although the fight may never materialize). That fight would be from the Trustee or a creditor.

            I would just run this by my attorney to see what affect this would have on your Plan. Don't forget to mention that you actually want to contribute to the mortgage and that your name is not on the mortgage.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

            Comment


              #7
              If say you have a rent payment of $500 a month and pay it to someone. What if you now live with that person you are paying that $500? Granted it is not a roommate, but do you see my point?

              Comment


                #8
                Originally posted by getback View Post
                If say you have a rent payment of $500 a month and pay it to someone. What if you now live with that person you are paying that $500? Granted it is not a roommate, but do you see my point?
                That would be fine... since it's your contribution. Since this is a marriage and the income would now count, you may want to just review this with your Chapter 13 attorney and see what you should do. It could be as simple as "do nothing"... just get married and contribute!
                Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                Status: (Auto) Discharged and Closed! 5/10
                Visit My BKForum Blog: justbroke's Blog

                Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                Comment

                bottom Ad Widget

                Collapse
                Working...
                X