Am I responsible for my partner’s past debt ifwe decide to get married?

UPDATED: Nov 11, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Nov 11, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Am I responsible for my partner’s past debt ifwe decide to get married?

Non-community property state.

Asked on November 11, 2011 under Family Law, South Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

One spouse can't be held liable for any debts of the other spouse that were incurred before marriage. The fact is that in non-community property states there is no spousal liability for pre-marital debt. The only way that you would be liable for this debt is if you specifically agreed to be (e.g. as a co-signer of a loan). However, once you are married if your spouse's creditor(s) sue and are awarded judgement(s), then your assets as well as any joint assets (to the extent that they are non-exempt) would be at risk. Accordingly, keep your bank accounts and other assets separate.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption