Are civil unions recognized in bankruptcy proceedings?

The short answer is yes, California recognizes civil unions in bankruptcy proceedings. Under the Civil Union Law, two people in a civil union are treated as if they are married, even though they are not legally married. This means that just like a married couple, assets and debts incurred in civil unions are classified as jointly held by the two individuals. This concept is important in bankruptcy proceedings, because when filing for bankruptcy, the assets acquired by both partners must be listed and debts must be shared, just as in a marriage. The court recognizes that individuals in a civil union are equally responsible for any joint debt, and the court will treat the debt just as it would if the debt was incurred in a marriage. This includes cases where one partner in the civil union files for bankruptcy. When filing for bankruptcy in California, both civil union partners must list any joint assets and debts in the bankruptcy filing. In addition, when one partner in a civil union files for bankruptcy, the other partner’s assets and liabilities will also be examined as part of the filing. This includes any joint assets or debts. One partner’s bankruptcy filing may also affect the other partner’s credit score, even though the other partner is not filing for bankruptcy. In conclusion, California recognizes civil unions in bankruptcy proceedings and individuals in civil unions are treated just as married couples when filing for bankruptcy. Assets and liabilities of both partners must be examined and any joint debt must be listed in the bankruptcy filing. The other partner’s assets and liabilities will also be examined and their credit score may be affected, even if they are not filing for bankruptcy.

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