Spousal liability for past debts

Question Details:

I want to marry a women who has a little money and I want to protect her. I'm on SS.  Can she be sued for my past debts?

Asked 11/3/2009 under Bankruptcy | 234 View(s) | More Legal Topics

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Bankruptcy Law Answers

No.  The only way your past debts can reach her money is if it's in an account (or property) that's in both of your names.  So, very simply, you don't have a joint bank account, if she buys a house, your name stays off it.

Originally, the law looked at a married couple as a single "person" and the husband controlled the money, usually, even if it had come from his wife or his wife's property.  That's ancient history now;  your creditors can't sue your wife, for pre-marital debts, since they have no contractual connection to her.

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