QUESTION
If I get married, will my new husband be responsible for my debt?
Asked on Sep 14th, 2015 on Bankruptcy - Illinois
More details to this question:
If I get married, will my new husband be responsible for my debt?
8 ANSWERS
Unless it is for the necessaries of life after you marry, no.
Answered on Sep 15th, 2015 at 12:51 PM
Most attorneys will tell you NO, but that is not 100% of the story. If you do not pay this debt, the creditor can sue you. Then the creditor can attach any property not protected by state laws called exemptions, which may include joint bank accounts, real estate you own together, or even a car you have together. So in this sense, your new husband could become responsible for your debt. And if he really loves you, he will at least FEEL responsible for this debt.
Answered on Sep 15th, 2015 at 11:11 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Nope, in order to be responsible for a person's premarital debt, he would have to sign for it.
Answered on Sep 15th, 2015 at 10:21 AM
2 Awards
Potentially. All income and assets you accumulate during marriage are community property which is subject to seizure by creditors. However, he is not individually liable, meaning he cannot be sued individually for payment of the debt and it does not show up on his credit report.
Answered on Sep 15th, 2015 at 10:01 AM
Real Estate Attorney serving Florence, KY
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Linda S. Novakov & Associates, PLLC
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If he was not a signer on a note, or a co-debtor for credit cards, or other debt, he will not become responsible because you get married. Likewise, you will not become responsible for his debt. You must be a party to a loan in order to be responsible for repayment of that debt.
Answered on Sep 14th, 2015 at 5:21 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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No, neither of you will be responsible for the others debts or obligations unless you actively seek to become so. However, if you are having questions I would suggest that you might counsel with an attorney so that you properly understand what your rights, obligations, and liabilities might be both prior to and following marriage.
Answered on Sep 14th, 2015 at 4:49 PM
Debt Collection Attorney serving Chicago, IL
Partner at
Edelman, Combs, Latturner & Goodwin, LLC
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No.
Answered on Sep 14th, 2015 at 4:36 PM