Is a husband liable for his wife’s debts prior to marriage?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is a husband liable for his wife’s debts prior to marriage?
My ex-husband defaulted on his car and is now 7 months behind on the house; I co-signed on both. He says he is going to claim bankruptcy; it is my plan to claim bankruptcy as well. My boyfriend has an electrical business and is worried that if we get married that his business would become marital property and people could come after it because of my past. My name is not on the business in any way.
Asked on September 22, 2011 under Family Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
First of all, once you file bankruptcy and are discharged, you will have no debts and therefore no creditors that can go after any of your or your husband's assets.
Even if you never file for bankruptcy, while you will still have debts, he will not. One spouse is not liable for any of the other spouse's pre-marital financial obligations. That is unless they specifically agree to be held responsible or they live in a community property state; neither of which apply to your situation.
However if you don't file, your assets will include not only those that are just in your name; they will also include any joint assets that you and your husband hold. So keep all of his assets separate from yours; that means not just the business but bank accounts, real estate, etc.
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.