Am I liable for a debt that my husband incurred before our marriage?

UPDATED: Oct 23, 2011

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Am I liable for a debt that my husband incurred before our marriage?

The accident occurred almost 2 years ago. I was not around then. He was just served papers; he is suing (after the money received from insurance) for personal injury, job loss, etc

Asked on October 23, 2011 under Bankruptcy Law, Virginia


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

Answered 11 years ago | Contributor

The general rule is that no, a spouse is not responsible for the other spouse's pre-marital debt. The exceptions are if the spouse" specifically agrees to be liable for their partner's debts (i.e. a contract or promissory  has been signed, etc); they live in a community property state (and your state is not); or the debt is incurred as a necessity of the household (medical bills qualify but not all states allow for this and only debts acquired after marriage are included).

Bottomn line, your husband cannot be held legally liable for any debts that you incurred before your marriage. 

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.

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