Is a civil union recognized in bankruptcy court?
Yes, a civil union is recognized in bankruptcy court in California. A civil union is a legal relationship between two people, registered by the state, that confers certain rights and benefits to the couple. In California, this is called a “domestic partnership” and is available to same-sex and opposite-sex couples. In terms of bankruptcy law, a civil union may be treated the same as a marriage by the court. This means that any debt incurred prior to the civil union will remain the responsibility of the individual, while any debt incurred during the civil union will be considered joint debt and will be the responsibility of both parties. In addition, any property acquired during the civil union will be considered joint property. It is important to note that in California, individuals who are in a civil union may also still choose to file for separate bankruptcy or joint bankruptcy. If the couple files a joint bankruptcy, then the debt from both people will be included in the bankruptcy filing. However, if the couple decides to file for separate bankruptcy, then each party will be responsible for their own debt. Overall, a civil union is recognized in bankruptcy court in California, and the same bankruptcy rules apply to civil unions as to marriages. It is important to talk to a bankruptcy attorney to ensure that the appropriate filing is done to ensure the best outcome for both parties.
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