Couples' Finances: Questions & Answers

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Engaged
to Bankruptcy
 

Dear Nancy

My Fiancé has a 2-year old bankruptcy due to a failed business.  We were trapped in the dot-com crash like many people.  Once married, how will that affect our ability to purchase a home and live?

 

What happens to your assets and credit rating  when you marry into a bankruptcy?

Will it have any effects on my credit?  What can I do to minimize the ill effects and have us get back on our feet?

In Love but Confused,
Female (32) San Francisco


Dear Confused:

I don’t suppose it’s any consolation that you have a whole lot of company.  In fact, you live in an area where your predicament is rampant these days.  Please don’t tell me you plan to spend a fortune or dive into debt with an expensive wedding bash!  Put those dollars toward your new home!

It’s important to know what’s been going on during the time since your fiancé filed his bankruptcy.  I hope he’s made a conscientious effort to re-build his credit by buying something on credit and making timely payments.  Starting out with a debit card backed by cash in a bank account would do the trick.  Financing an inexpensive item like an appliance or a used car is another way -- anything to begin creating a new credit rating.  Late payments or collections, or course are strictly a no-no. 

Have him check out his credit report, too!  Make sure it’s accurate, and if it isn’t, insist that the reporting agencies make corrections.  Ask to see for yourself.  For a major purchase like a home, he’ll need to be able to show a good reason for filing – not just partying it up – and to show what changes have been made to prevent out-of-control debt from playing havoc with your future. TOP

His bankruptcy won’t have an effect on your personal credit, but prior to the marriage, you two should see an attorney about drawing up a pre-marital agreement and learning which assets to keep titled as separate property until you’re on firm financial ground and his bankruptcy is behind you (at least 7 years). 

The good news is two years is the magic number.  Assuming your guy’s been behaving himself money-wise since the bankruptcy, and that you have the down payment and income to qualify for a mortgage, many lenders will consider approving you for a home loan a couple of years after filing for bankruptcy.  But you may not like the terms.  Chances are, they’ll want to up the points or charge higher interest because of his poor credit history.  You’re probably looking at a 20% to 25% down payment, too. TOP

There are options, of course.  The first one you should consider is hiring a mortgage broker you trust and spilling the beans.  Tell all, and let your broker make recommendations and place your loan with a competitive lender.  You can evaluate terms and pick what’s affordable.  If you can qualify on your own, that may be a solution.  You and new hubby can decide how to put him on title later.

If I could send you a shower gift, it would be the book:  “Credit After Bankruptcy:  A Step-by-Step Action Plan to Quick and Lasting Recovery after Personal Bankruptcy” by Stephen Snyder.  

Over a million people in the United States file for bankruptcy every year, but they often get back on their feet in record time.  To find out more about the often devastating, sometimes positive effects bankruptcy can have on your life, check out www.nolo.com/lawcenter (the Debt & Bankruptcy link) and www.bankruptcylawinstitute.com.

Good Fortune,

Nancy

 

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Nancy highly recommends Credit After Bankruptcy by Stephen Snyder  to anyone recovering from a bankruptcy or marrying into one.

 

 
 
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