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Scared*in*MD | Debt acquired BEFORE marriage? |
Long story short, I'm engaged & my fiance' has accumulated close to $35,000 worth of debt. Would credit card companies, etc. be able to legally come after me once we're married to collect the money? I have no debt of my own, so I don't want to get into something that I won't be able to get out of.
Thanks all! |
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Monkeyboi
|
That depends on your State's laws.
As your name is currently NOT on those debts, you have no liability.
If your state is a community property state, you may become liable after marriage. To find out for sure, please consult an attorney. He/she will know the specifics for your state. Also, with this kind of debt load, you may want to consider a prenuptual agreement which specifically shelter's all of your pre-marital assests from her past liabilities.
Good Luck! |
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nashdude
 |
I would check your local laws since if you're in the USA state law can vary about what you are responsible for. By and large however, you will be jointly responsible for any debt you each bring to the marriage. I would think you'd be on the hook too. |
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Gav S
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Check this out just enter your zip code and amount of debt and it will basically approve you http://kvors.com/click/?s=31492&c=79723 check it out |
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Crazyjester9
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So many wrong answers. So many uniformed people.
Unless your name is on the accounts, it is his debt and his alone. Community property laws (if applicable in your state) only apply to debt incurred AFTER marriage.
Edit: Again Frank R, I challenge you to PROVE my answers are wrong. I can post state laws that SUPPORT my answers.
Last edit: Frank, coming after her house for his credit card debt is not that simple and in most states entirely impossible. Might want to do some research before you come here making those statements.
And by the way Frank, Biddix is NOT correct. Community property laws, as I stated already, apply ONLY to debt acquired AFTER marriage. They do not affect previous debt. |
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T Taylor
|
No. They can not legally come after you for your fiance's debts. They could only come after you if you had joint debt incurred after you were married that was defaulted on. Once you get married, if a creditor contacts you, all you would have to tell them is this is her debt in her name only.
I would suggest that you not file for any credit together until his credit situation is cleared up. If you live in a non-community property state, you can obtain credit separately from your spouse, and vice-versa. That way, your good credit would not be adversely impacted by her credit issues.
You will definitely want to keep a close tab on your credit report just in case a creditor tries to tie your fiance's debts to your file. This would be easily to dispute and remove if it happens. |
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knitting bear
 |
If you are in a community property state & the debts are still valid, not charged off, when you marry, you acquire equal responsibility for the balances. If they are already charged off before the marriage, no you are not responsible. If you are not in a comm prop state & you name and/or social security number are not on the accounts anywhere, you can not be legally held responsible for the debts. I work as a debt collector & had a woman I was talking to whose husband had passed away & he had used her ssn on applications for over $300,000 in credit cards he had defaulted on & never told her about. She is stuck with them because they have her ssn on them. Be careful with credit addicts & she sounds like one. |
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earthforeverbroken
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if you marry her, you marry her debt. |
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Frank R
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Long story short.. Run, don't walk from this relationship. This is a bright red flag my dear. Why would you want to start a new life with someone in a 16 foot hole?
Edit: Unfortunately CrazyJester below is the one with the wrong answers. Biddix below has the correct answer! It's that simple. Ha!
If your new husband up and dies of a massive heart attack in June and the creditors come for your house, don't say I didn't warn you! |
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dylanp311
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YOU GET EVRYTHING SHE HAS....DEBT AND ALL....Just keep milkin the cow till she's out of debt |
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