If I get married, am I responsible for my spouse’s past debts?

Asked on January 7, 2013 under Family Law, West Virginia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you live in a community property state, community property is property acquired during marriage.  Community property also includes income and debt during marriage.  Each spouse has a one half interest in the community property.

Separate property is property acquired before marriage or after the marriage ends.  Separate property also includes income and debt before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

Your spouse's pre-marriage debt is separate property and because it is separate property, you are not liable for your spouse's pre-marriage debt.


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