Will my fiance inherit the deb that I occurred on my own once we get married?

Asked on November 14, 2012 under Family Law, Mississippi

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In a non-community property state, one spouse can't be held liable for the other spouse's pre-marital debt; in other words there is no spousal liability for debt that was incurred prior to the marriage. The only way that your future husband/wife would be liable for such debt is if they specifically agreed to be (e.g. as a co-signer).

However, once you are married if your spouse's creditor(s) sue and are awarded judgement(s), then their assets as well as any joint assets (to the extent that they are non-exempt) will be at risk. So keep your bank accounts and such separate.

Note: There would be liability if you live in a community property state.


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