Can my fiance be held liable for my pre-marriage debts after we are married?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my fiance be held liable for my pre-marriage debts after we are married?
I have excellent credit and no debt. Getting married next month and am concerned because my ex-husband is considering filing bankruptcy and foreclosing on our previous home. We have been trying to get my name off the property for 2 years now, but banks wont remove me (even though I’ve signed home over to my ex (quitclaim) and the divorce paperwork states that I’m to be held harmless and no longer responsible for the home. My soon-to-be-husband is concerned that this foreclosure/bankruptcy will affect him if we sign a marriage license. Can the creditors come after him even if we keep all things separate?
Asked on July 14, 2011 under Bankruptcy Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Separate property is property acquired before marriage or after a marriage ends.
Community property is property acquired during marriage.
Your pre-marriage debts are your separate property. Therefore, your fiance and soon- to- be husband is not liable for your pre-marriage debts.
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 AttorneyPages.com 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.