QUESTION
If my husband has debt when we marry am I liable too?
Asked on Feb 04th, 2013 on Bankruptcy - Michigan
More details to this question:
If my husband has debt when we get married, am I responsible for his debt as well? What if he dies, is that my debt now?
7 ANSWERS
In most cases, debt that is acquired prior to marriage remains the separate debt and liabilities of each party. If he were to die during the marriage, then the creditors can go after any portion of his estate, which would include any joint marital assets that are acquired during the marriage. If you are concerned about inheriting any of his debt, you may want to consider signing a prenuptial agreement which will help ensure that all separate debts and liabilities will remain separate throughout the marriage.
Answered on Feb 06th, 2013 at 6:06 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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In any marriage there are three estates, his, hers, and theirs. You are not liable for his individual debts, and pre-marriage debts, but will be liable for those things which you jointly agree to undertake. I'm answering this question under Michigan law. If you remain confused you should call attorney for my offices immediately. Prior to the time you to enter into a marriage you should be fully cognizant of what your undertaking.
Answered on Feb 04th, 2013 at 3:24 PM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
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No, his debt does not become your debt due to the marriage. It is only if you assume said debt, then it becomes yours, or if you join his accounts.
Answered on Feb 04th, 2013 at 3:24 PM
Absent your agreement, you are not personally liable for your husband's pre-marital debt. If the statute of limitations on your husband's contract to pay his creditor has not expired at the time of his death, the creditor could file a claim against your husband's estate.
Answered on Feb 04th, 2013 at 3:22 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
at
Love and Dillenbeck Law
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No, you are not liable for his debt. Married persons are never liable for their spouse's debt, unless they sign on to it themselves. When your husband passed, his estate will be liable for any debts, but yo will not be personally liable.
Answered on Feb 04th, 2013 at 3:22 PM
Dennis P. Mikko
If your husband's debt is in his own name and you do not agree to be responsible for it, you are not responsible for it just because you marry him. If he should die, his estate, not you would be responsible for debt in his own name. If is estate does not have any assets, they the creditors would be out of luck and they could not come after you.
Answered on Feb 04th, 2013 at 3:21 PM