If my fiance has 25k debt from student loans, when we get married am I assuming that debt?

Would I be responsible if we got divorced?

Asked on March 1, 2012 under Family Law, Illinois

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.  This also applies to debts and income  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.  This also applies to debts and income before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

You would not be liable for your fiance'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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