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Basically im getting married questions about previous debts before marriage

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Anonymous
Not applicable

Basically im getting married questions about previous debts before marriage

My girlfriend has current credit card debts, And im wondering when we get married is there anyway possible they could garnish my wages or income tax if i file her onto my taxes at the end of the work year.

Message 1 of 6
5 REPLIES 5
Thomas_Thumb
Senior Contributor

Re: Basically im getting married questions about previous debts before marriage


@Anonymous wrote:

My girlfriend has current credit card debts, And im wondering when we get married is there anyway possible they could garnish my wages or income tax if i file her onto my taxes at the end of the work year.


My understanding is any debt acquired pre-marriage is not an obligation for the spouse ... That's one reason why not to become an AU on each others cards.

 

Your wages cannot be garnished. However, if you file jointly and are do a refund ... then? Recommend talking to a tax accountant on how best to file tax returns.

 

Note: Most states are common law states but a handful are community property states. Community property states hold spouses liable for debts on their partners credit card that occur post marriage if those new debts relate to joint obligations (household expenses, etc...). So, it would be prudent post marriage for her not to use her cards for any "community" purchases.

 

the following states are community property states:

  • Arizona
  • California
  • Idaho
  • Louisiana
  • Nevada
  • New Mexico
  • Texas
  • Washington
  • Wisconsin
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Message 2 of 6
Callandra
Valued Contributor

Re: Basically im getting married questions about previous debts before marriage


@Anonymous wrote:

My girlfriend has current credit card debts, And im wondering when we get married is there anyway possible they could garnish my wages or income tax if i file her onto my taxes at the end of the work year.


Even in a joint property state, I believe any debt she's accumulated prior to marriage is her own. It would have to be debt accrued during the period you're married. Not sure about taxes either ~ you might want to talk to an accountant about that. You can always file separately if necessary. 

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Message 3 of 6
pizza1
Community Leader
Super Contributor

Re: Basically im getting married questions about previous debts before marriage

Her debt is hers, and not yours. Now, anything you accumulate together jointly after marriage you're held responsible for. Like joint CC, Joint Car, Joint mortgage.

Even after you're married, and she racks up debt on her cards, thats all on her, not you. Just like you're not responsible for her student loans. Its not your debt...

You didn't sign the contract, you didn't give her CC or loans your SSN, you are NOT on the applications, your signature is not on anything of hers physically on paper or electronically.
Message 4 of 6
StartingOver10
Moderator Emerita

Re: Basically im getting married questions about previous debts before marriage

Here is a good explanation by NOLO. http://www.nolo.com/legal-encyclopedia/debt-marriage-owe-spouse-debts-29572.html

 

Essentially Tom Thumb above is right^^^, it only becomes your debt in a community property state and only for the debt incurred after marriage. There are ways to protect yourself, see the link and then see an attorney before you tie the knot.

Message 5 of 6
Anonymous
Not applicable

Re: Basically im getting married questions about previous debts before marriage

Have her take out a debt consolidation loan and pay off her Credit Cards. This will lower her DTI and give her one payment and another trade line on her credit. Hopefully with her making a 500 to 800 per month payment and watching her credit go UP will discourage her from spening freely on things she cannot afford. Best of luck 

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