Tuesday, May 11, 2010

When you get married, is your new spouse responsible for your old debt?

My best friend has been engaged for over a year to a man she has been in a serious relationship with for over five years. They recently got into an arguement over when they would be getting married because she has outstanding student loans and credit card bills, etc. he says that when they get married, if the bills aren't resolved, the lenders could come after him for the balances. She pays on them, but he says the bills would affect his credit and does not want to get married before they are settled. My question is Can they come after him for the balances?When you get married, is your new spouse responsible for your old debt?
Generally speaking, the other answers are correct (although to what extent depends on your state's community property laws).





That being said, some of his concern is valid. Generally in community property states, a creditor cannot go after a spouse's ';separate property'; to collect on the debtor spouse's debts. However, a creditor can often go after community funds/property that are jointly managed.





Also, as other answers indicate, a creditor can generally go after either spouse's separate or joint property to collect on a joint debt.





The bills would likely only affect his credit to the extent they tried to get joint credit (where they do an income / debt ratio calculation), but should not affect his individual credit.





If he really wants to get married, then they should be able to visit an astute financial planner or attorney to advise them of steps they need to take to prevent his concern coming to light.When you get married, is your new spouse responsible for your old debt?
When you get married you still remain separate as to debt and separate as to property notwithstanding the matrimonial home and assets acquired during the marriage.





So no....the spouse is not responsible for the others debts incurred prior to the marriage.
No.
No they can not.





Any debts that your friend has now are hers and hers alone.





The only way he would be effected would be if they applied for any joint credit after they were married.
its only if they have a accounts together.. If not it wont affect him
Had this happen to me recently. I have been divorced for three years now. Several months back a creditor called for a bill due from my ex. Once I understood, I told them that we haven't been married for a couple of years. Next, I asked when then credit was taken out. Was told sometime before the marriage. I asked if my name was on the account. Was told no. Gave them her new number and address and laughed as I hung up!! Sorry that was kinda petty.





So in short no they should not be able to come back on him IF his name is not on any paperwork. They can if, and only if, she dies prematurely leaving him with unpaid bills. Then yes, he would be responsible at that point in time.
No. If you file jointly on your taxes the creditor may be able to seize his.her funds as well as yours. If you file independently then no.
In the UK no, the debt is personal. Keep separate bank accounts, if getting credit the solvent one only apply. This could help to get debt free by getting a more favorable interest rate. eg 0% ccredit card transfers.
no - but if his attitude is this black and white - he doesn't sound like he will be a good partner. He has to help her as she has to help him.





Now - that doesn't give her a blank check to waste money - but student loans and old debts are things in the past that he can help with and not give her a cold shoulder as she struggles all by herself to be ';acceptable'; for marriage.





I would serious evalute his worth as a partner.
Yes. Once you are married you are considered as one. It sucks cuz say one of you invests in real estate and the other has rotten credit it will affect the rate of the loans even if the one whose name is on the paper has great credit.

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