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Do you become liable for each others former debts when you get married?
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Do you become liable for each others former debts when you get married?



    




camys_daddy
While it's not your debt, it will impact your life.

So legally, you are not obligated. However, you still gets to share the baggage you each bring into the marriage.

I would sign a pre-nup spelling out what debts you have and your soon to be spouse has before marriage, and stipulating that the pre-existing debts any debts either of you incurs during the marriage that are not joint accounts are NOT to be considered marital debts. The only debts that qualify as marital debts are those you both knowingly open as joint accounts. Accounts where either of you open them and simply give the other access rights don't qualify as joint accounts as either of you could open an account and have cards issued in your spouses name but never give them the card, ultimately sticking them with 1/2 that debt if you two should divorce.

So, if your soon to be spouse gets a bunch of credit cards, or buys a new car or motorcycle without your name on the loan contract, then the asset is his (or hers) and so is the debt until it's paid off. Once paid off, it becomes a marital asset. Same for you, if you get a bunch of department store credit cards in your name only and charge them up, don't try to pawn that off as marital debt if you end up divorced.

I think a pre-nup that protects each of you from the others financial individualism is possible. See a lawyer to be sure.


sparkles
Rating
No. The only debts you are liable for is what you encurred while you are married. However, if you other half has his/her tax return garnished, if you file taxes together they will take your money.


mekebaby3
You are not liable for debts of your spouse before the marriage.


Bluebell
No, not in any way. I married nearly two years ago and my husband accumulated numerous debts through the fault of his ex wife. We went to see a solicitor and he said that in no way is a wife responsible for her husband's debts either before or after marriage and vice versa. What he DID say was that anything of value should be kept in my name (I own my own house) such as bank account, house etc. - that way nothing can be taken in leiu of debt.


mjm52
Rating
No


Alison
Nope-


the_watcher_74
Rating
Not former debts. Only the debts that you incur after marriage. If you were to go and rack up a couple thousand dollars on a credit card, your spouse is on the hook as well!


JET99
In the United Sates pre-marriage debts are not assumed by the other spouse - and any jurisdiction having such a law would violate public policy as such policies are clearly designed to encourage marriage not discourage it


Charles
Not in Texas and I believe not in most States.. Any lawyer or Judge will resolve this...


yogi
The answer is no. What you did before does not affect who you will be with as far as marriage goes. Just as if you were single and brought things that you had. Upon a divorce, you get back those possessions along with 50% of what you acquired in the next marriage


kp
Would you be legally responsible for the debt? No, even if you live in a community property state.

Would the fact that your spouse is responsible for it affect you? Of course. For one thing, it’ll mean less money for your household (because he/she has to make the payment). For another thing, if your spouse doesn’t pay it, then that can affect you as well (ie liens on your joint property).


Your Asking Me?
No, any debts prior to the marriage is no responsibility to either spouse, but AFTER the marriage any debts are yours together


Eugene
Rating
I recommend that you make an pre-nuptial agreement anyway, better save than sorry.


christine h
Rating
yes


lou. c.
Rating
No you cant pay for something that's not in your name. I know this is a little different but my brother was living with me and he got a car on fiance but then he moved away and the car was just left outside my house i called up the finance company to explain what was going on and they wouldn't even discuss his account with me as my name wasn't on the agreement so if you haven't signed anything don't worry about it, it is not and would not be your problem even if you where married. Good Luck x


MissingInAction
None before you were married


Jamie Lynn
Rating
not so much legally liable, but you may feel morally liable. i know i do, and my soon to be husband helps me out with my debts that i had before we met. but we put our money together. what ever needs paid gets paid, we don't go half on things, or spend our "own" money. it just all goes towards things that needs to be paid for.


ohiofirefighter42
Yes and no.....any debts or assets a person has befor the marriage are not community property (for instance if you own your own home befor the marriage it will still be your home after ....although the spouse is entitled to half of what the property appreciates during the marriage)....as far as debts go, they dont become your debts, but they do effect things such as your combined credit score. And you may also find yourself contributing to get them cleared away.


Blues
Rating
It is like Kari said-depends on where you live. Each Country & State is different.


Amanda
Rating
I don't think so. I wouldn't unless you guys have come to the agreement to do it.


sustasue
Only if it's on going child support. If one spouse owes and can't pay, the other spouse will be forced to do so.


sally w
when you get married you shouldn't become liable but you should try to work out what each other owe and put your money together so you both pay each others myself and my husband did and we paid ours off quicker that way


Cheryls
Rating
No. ONLY current debts while married.


josephmaja
As for me once you got married it means that she/he is your behalf which means that through ups and down you are one,,,and that includes debts and trials and consequences,,,happiness and success.....


sandwichsparrow
In the UK no you still have responsabilty for your own debts even after marrage. Assets can only be split with the consent of both partners e.g the house. so your wife's spending is her's not yours


Kat G
Kari is correct, I live in NY own a home before I got married. I have a home in PA before I got married. My husband owns 1/2 of the PA House. Check your state laws


Princess K!
not legally but some people feel that their money is now each others and each persons debt is now the others and may try to help. Isnt marriage a team effort? It is entirely up to the couple though if one feels they should help the other then I would hope the other would want to hellp to. It's about teamwork.


disturb m
Nope, just clarify who owes who , before marriage.


dralls4lyf
Yep.


Cassanova K
Rating
the state of Texas say u are relialbe for the debts u made


soldierlady226
Rating
Yeap! you take their baggage as well. It becomes your problem also





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