Is a wife responsible for the debts that her husband incurred prior to marriage?
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Is a wife responsible for the debts that her husband incurred prior to marriage?
My fiance and I are planning to marry. He owes back taxes because he did not have any dependents when he filed in the past. I’m buying a house in my name. Will this affect me because of him. Will my home be taken from me once we marry? We live in a non-community property state.
Asked on November 19, 2011 under Family Law, Pennsylvania
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, a wife is not responsible for the debts that her husband incurred prior to their marriage. In other words, a wife cannot be held liable for her husband's pre-marital debt. Consequently, her wages and separate personal property and assets cannot be garnished by her husband's creditor. At least in a non-community property state. So unless you were also on the debt or in some other way agreed to assume this debt, you are not obligated to pay it.
That having been said, once you are married if your husband's creditor(s) are awarded judgement(s), then his assets as well as any joint assets(to the extent that they are non-exempt) will be at risk. So keep your bank accounts and other assets separate (i.e. solely in your name).
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