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For richer, for poorer

continued from page 1
Step One
Protect your own assets

Any bank account, savings, property or equity that is in your name is legally yours. And even if your spouse runs into serious financial difficulties, the creditors can't pursue you for this money. This applies as much to debt run up from before your marriage as any during it.

There is one exception though. If your partner is about to go bankrupt he will not be able to 'hide' assets from his creditors, simply by putting them in a spouse's name.

If a bank account was opened by you, your salary is paid in every month, and it has been in your name for the last five years then the money in it is safe. If, however, it was a joint bank account that was simply transferred into your name a couple of months before your partner files for bankruptcy, then expect legal proceeding, as creditors try to grab assets that are legally theirs.

The same applies to other assets - be it property, equity, possession or savings. If it is just in your name to avoid paying pending debts, the ownership can be legally challenged. If you can prove it is financed purely by your own means, or it was gifted to you before your partner hit financial dire straits, then creditors have no legal right to grab these assets.

  • Over the page: step two


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