You don’t have to marry someone’s credit score

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Q. My daughter thinks she’s going to marry her boyfriend, who she lives with. He had a bankruptcy two years ago. Their apartment is in my daughter’s name. What does she need to think about before marrying this guy?
— Concerned dad

A. When you get married, you don’t have to “marry” your spouse’s credit score.

A husband and wife can have very different credit scores if they keep their finances separate, said Ilissa Churgin Hook, a bankruptcy attorney with Hook & Fatovich in Wayne.

She said your daughter may want to consider keeping any of her existing debts, including credit cards, separate and not add her boyfriend/husband to those credit accounts. Likewise, she may not wish to be added to any of his credit accounts.

The bankruptcy isn’t the end of the world.

Assuming that the boyfriend has made timely payments to a secured creditor such as on a car loan, his credit score probably has increased since his bankruptcy filing, Hook said.

“A discharge in bankruptcy provides for a `fresh start’ and allows individuals to rebuild their credit scores, so that the boyfriend’s credit may be somewhat rehabilitated by now,” she said. “However, if your daughter’s boyfriend has defaulted on any secured debt since his bankruptcy filing, or if he has overdrawn his bank account, your daughter may want to consider keeping separate bank accounts in her name only.”

Hook said an overdrawn line of credit on a joint checking account will show up on her credit report as well.

Your daughter should verify if her boyfriend filed a Chapter 7 or a Chapter 13 bankruptcy case.

If he filed a Chapter 7 case and received a discharge, his case would most likely be closed by now, Hook said. But if he filed a Chapter 13 case and confirmed a five-year payment plan, he would currently be a debtor in a pending bankruptcy case.

Your daughter needs to understand his current bankruptcy status.

“If the boyfriend is currently a Chapter 13 debtor, he will need to obtain bankruptcy court approval prior to obtaining credit, including a car loan or a mortgage, should he and your daughter decide to make a major purchase together,” she said.

So now is a great time for your daughter to have a frank discussion with her boyfriend regarding his bankruptcy filing. She has an interest in knowing if he is still in a pending case and the reasons for the bankruptcy filing so that there are no surprises down the road, Hook said.

She should also understand the type of debt that her boyfriend listed in his bankruptcy.

“For example, did he unexpectedly find himself with excessive credit card debt due to the loss of a job? Were there medical bills that he did not have the means to pay? Or, is there a bigger problem that needs to be addressed, such as gambling debt, or a lack of attention to his finances?” Hook said.

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This post was first published in May 2016.

NJMoneyHelp.com presents certain general financial planning principles and advice, but should never be viewed as a substitute for obtaining advice from a personal professional advisor who understands your unique individual circumstances.