Am I affected by my new spouses legal/financial situations

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Am I affected by my new spouses legal/financial situations

My new spouse has some debt and is on
parole. What responsibilities or actions do I
need to take on my end? Am I effected by their
legal past at all ? How do I protect myself

Asked on November 1, 2017 under Family Law, New Hampshire

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

His parole does not affect you directly, but you need to bear in mind the conditions of it so you don't cause him to violate it. For example, if it says he cannot associate with felons and you have a friend or relative who had been convicted of a felony, you cannot bring that person to your house or out with you and your spouse, or go to events with you spouse at which that person will be.
His debt from prior to marriage is not your debt and you do not become liable for it. However:
1) If you own any property jointly (e.g. real estate you buy together), his creditors may be able to put a lien on his interest in or share of the property (or take similar collections actions against non-real estate owned jointly by the two of you). You therefore may wish to keep you finances and assets as separate as possible.
2) His wages could potentially be garnished by his creditors, so your family finances could be affected that way if they are.
3) When applying for credit jointly, if he has outstanding debts and a bad credit rating, that will affect your joint eligibility.


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