If an individual enters into a marriage while still married, what right do theyhave regarding debts and assets incurred before and during the “second marriage?”

Asked on September 8, 2011 under Family Law, Oregon


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Oh boy.  The marriage is not legal.  It is void under the law.  So your status of ownership of the assets is not that of a husband and wife - asthey are not marital assets.  So if you own a house then you own it as joint tenants or tenants in common (and maybe not with rights of survivorship depending on your area.  There is not an absolute right to survivorship as their is in marriage with out a doubt).  Now, the joint debt is both of your equally.  If you both signed a credit card agreement then you are both liable.  It is only the assets that will have a question here.  Get leal help ASAP.  Good luck.

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