Is a husband liable for his wife’s pre-marital debts/liabilities?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is a husband liable for his wife’s pre-marital debts/liabilities?

I am being sued by a family for a non-DUI accident I was involved in while living in FL. I now live in PA and my fiance is scared to marry me because he worries that he will get involved and they will be able to take his house, car, and/or other assets. I can’t find a lawyer in FL who is willing to help me and no one I have spoken with from there knows the PA laws. I really want to marry this man.

Asked on May 12, 2011 under Accident Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

There is good news and bad news for you.

The good news is that a spouse is not directly responsible for the pre-marital debts of his/her spouse.

The bad news is two-fold:

First, jointly owned assets acquired after marriage, such as a home, a car, a joint bank account, can be targeted by a spouse's creditors. Thus, items which were purchased in part with the other spouse's money are things that a creditor can reach.

Second, a bad credit rating for one spouse can certainly affect the other, when the couple is looking to buy a house, finance a car, etc.

There should be ways to reduce the risk and shelter your fiance's assets. You and he should consult with a PA attorney (a lawyer in the state in which you now live). Good luck.


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