If I get married to someone who has unpaid credit card bills in collection,will they obligate me to pay as well?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I get married to someone who has unpaid credit card bills in collection,will they obligate me to pay as well?
Will this affect my good credit score that I currently have? In CA.
Asked on December 13, 2011 under Bankruptcy Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Typically the answer in most states is no, a spouse cannot be held liable for the other spouse's pre-marital debt. However, CA is a community property state. Unfortunately as a general rule, in a community property state one spouse assumes liability for the others pre-marital debts. As a practical matter, many creditors do not go to the trouble of suing both spouses because it tends to complicate the legal process involved in obtaining a judgment. But they could. Therefore, your assets could be at risk if it is non-exempt property under state law. And yes, this could affect your credit report.
Since community property laws are unique to each state regarding spousal liability, you should consult directly with an attorney in your state who can review the details of your situation and advise you accordingly.
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.