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Marriage and debt

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sok454
Established Member

Marriage and debt

I am on my second marriage.   If I have cc debt or any debt for that matter that was mine before we were married is she at all liable for it after we get married.  I'm assuming that she is not on any of the notes/cards that have the debt.  Thanks!

 


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Message 1 of 8
7 REPLIES 7
Creditaddict
Legendary Contributor

Re: Marriage and debt


@sok454 wrote:

I am on my second marriage.   If I have cc debt or any debt for that matter that was mine before we were married is she at all liable for it after we get married.  I'm assuming that she is not on any of the notes/cards that have the debt.  Thanks!

 


I "thought" anything you come into the marriage with is always yours UNLESS spouse co-signs or pays, or BT to their name.  But Im not sure if you all have all money go to joint and then start paying on this or spouse is added to account and you still use and charge more on card.

or else what I call the "reverse pre-nup!" I will sign that you have x in cash and retirment and that I have x in debt!!

again not sure if this can be done and works like that. Smiley Happy

Message 2 of 8
pizzadude
Credit Mentor

Re: Marriage and debt

 

I think the answer to this question also depends on if you reside in a community property state......

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Message 3 of 8
Anonymous
Not applicable

Re: Marriage and debt

The community property state question will be your answer.

Message 4 of 8
sok454
Established Member

Re: Marriage and debt

So if not community property which we aren't then no worries about previous debt and her being liable for it

 


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Message 5 of 8
lolabelle
Regular Contributor

Re: Marriage and debt


@sok454 wrote:

So if not community property which we aren't then no worries about previous debt and her being liable for it

 


Regardless of where you live, my understanding is that it would be a very unusual situation for a new spouse to be obligated by pre-marriage debt, as that debt wasn't assumed in the context of or for the benefit of the union.  The exception, I believe, might be where the debt is secured by property and the new spouse is given part ownership of the property.  (Then it's less an obligation on the part of the new spouse and more a liability, in that s/he stands to lose his/her ownership interest if the debt is not paid.)

 

You'd want to consult with a family law attorney in your state to be certain.  (I'm an attorney who has taken family law classes, but I don't practice family law and, regardless, different states have different rules.)


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Message 6 of 8
Revelate
Moderator Emeritus

Re: Marriage and debt

 


@lolabelle wrote:

@sok454 wrote:

So if not community property which we aren't then no worries about previous debt and her being liable for it

 


Regardless of where you live, my understanding is that it would be a very unusual situation for a new spouse to be obligated by pre-marriage debt, as that debt wasn't assumed in the context of or for the benefit of the union.  The exception, I believe, might be where the debt is secured by property and the new spouse is given part ownership of the property.  (Then it's less an obligation on the part of the new spouse and more a liability, in that s/he stands to lose his/her ownership interest if the debt is not paid.)

 

You'd want to consult with a family law attorney in your state to be certain.  (I'm an attorney who has taken family law classes, but I don't practice family law and, regardless, different states have different rules.)


I think there's actually one state in the union where you are (Vermont maybe?  I could be confusing this with something else which was wacky compared to other states regarding divorce), but other than that I believe you're correct to my knowledge which is all second-hand anyway.  Absolutely talk to an expert.




        
Message 7 of 8
GregB
Valued Contributor

Re: Marriage and debt


@lolabelle wrote:

@sok454 wrote:

So if not community property which we aren't then no worries about previous debt and her being liable for it

 


Regardless of where you live, my understanding is that it would be a very unusual situation for a new spouse to be obligated by pre-marriage debt, as that debt wasn't assumed in the context of or for the benefit of the union.  The exception, I believe, might be where the debt is secured by property and the new spouse is given part ownership of the property.  (Then it's less an obligation on the part of the new spouse and more a liability, in that s/he stands to lose his/her ownership interest if the debt is not paid.)

 

You'd want to consult with a family law attorney in your state to be certain.  (I'm an attorney who has taken family law classes, but I don't practice family law and, regardless, different states have different rules.)


This information is a good start. The more you know about this, the more you realize that there are different answers for every state and that a simple question has many different answers, most of which are just opinions on how likely something is to happen.

 

Are you talking about who might get a ding on their credit report? Who might get sued? How debt might get allocated in a divorce? Community State or not is just one small part of the question to an attorney that will not give you more than opinions anyway.

Message 8 of 8
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