If my husband aquired a debt prior to our marriage and he becomes terminal after the marriage, am I as his wife liable for the debt?

Asked on September 24, 2012 under Bankruptcy Law, Florida


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

Answered 8 years ago | Contributor

If you live in a community property state, you are not liable for your husband's pre-marriage debt because that pre-marriage debt is his separate property.

Community property is property acquired during marriage.  Community property includes income and debts during marriage.  A spouse is liable for debts incurred during marriage because those debts are community property.

Separate property is property acquired before marriage or after the marriage ends.  Separate property includes income and debts before marriage or after the marriage ends.  A spouse is not liable for the other spouse's pre-marriage debt because it is his separate property.

If you don't live in a community property state, other rules may be applicable.

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