Bankruptcy law can be confusing for everyone but when a couple is living in a gray legal area, it can become even more complicated. This may the best case for same-sex couples who may be married or living as domestic partners. Read on to see how California law applies bankruptcy law to these situations and then reach out to The Law Offices of Paul Y. Lee at 951-755-1000 for a free bankruptcy consultation.
Can same-sex married couples file joint bankruptcy?
The U.S. Supreme Court legalized same-sex marriage in 2015. Their ruling held that any ban on same-sex marriage at the state level was not constitutional. A recent study has shown that about 10% of those who identify as LGBT adults in the U.S. are married. That comes out to more than 100,000 people throughout the country.
As you may know, before this Supreme Court decision, California extended the rights of marriage to same-sex couples in 2008 but those were ended thanks to Prop 8 in 2013. Those state rights of marriage were again instated in a further ruling that overturned Prop 8.
The Supreme Court case described above ensures that same-sex couples have the same legal rights as other married couples in the U.S. This means that they can also file jointly for bankruptcy. If you and your spouse are considering bankruptcy then you’ll next need to decide if Chapter 7 or Chapter 13 bankruptcy is the right choice. You can call us at 951-755-1000 to learn more about which options are best for you.
Can same-sex domestic partners file joint bankruptcy?
Though laws don’t draw any distinction between couples based on their genders or sexual orientations, they do have separate laws for married and unmarried couples. If you and your same-sex partner are in a domestic partnership, then you may not be able to file together. The bankruptcy laws all specify the use of the word “spouse” when discussing joint bankruptcy.
Though your domestic partnership is similar to a marriage in many ways, only those who are legally married by the state can file bankruptcy jointly. To put it simply, if you’re not married then you must file separately. If you are married, then you have the option to file jointly but don’t have to. In some cases, filing individually makes the most sense. It all depends on the kind of income, debts, and assets you have.
Still confused? Let the professionals help you
As we said in the opening to this blog, all bankruptcy laws are challenging to understand unless you’ve been through law school and have a lot of legal experience. That’s what you get when you turn to The Law Offices of Paul Y. Lee. We have worked on similar bankruptcy cases for many years. We’re here to help you find the best way forward.
Getting started is simple. Just call us at 951-755-1000 and request your free consultation. We’ll go over the basics of your case and present you with your available options. We can go over the pros and cons of each one. Call today to get started.
