Can creditors come after my soon-to-be wife for debt I accumulated prior to our marriage?

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Can creditors come after my soon-to-be wife for debt I accumulated prior to our marriage?

I lost my job and I am only making a fraction of what I once did. Because I am having trouble paying on my debt. I am afraid creditors may go after my wife once we are married. We have a bank account together but have no debt together.

Asked on July 10, 2011 under Bankruptcy Law, Georgia

Answers:

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

Answered 13 years ago | Contributor

No a wife cannot be held liable for her husband's pre-marital debt. The fact is that in GA (as in other non-community property states) there is no spousal liability for pre-marital debt (unless she was also on the debt or in some way agreed to assume your debts).  However, once you are married if your creditors sue, win, and are awarded judgements, then your assets as well as any joint assets that you hold with your wife (to the extent that they are non-exempt) will be at risk.   So keep your bank accounts and the like separate.


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