If my marriage license was never recorded and my partner’s creditors have attached his sole separate debts to my credit report, am I liable for those debts?

Asked on June 27, 2012 under Bankruptcy Law, Arizona


Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

Even though your marriage license was never recorded, iif all the other requirements for a valid marriage were met, then you have been married since the day of your wedding. The Arizona Court of Appeals has held that the failure to record a marriage does not invalidate a marriage. The case is State v. Guadaghi, 178 P.3d 473 (App. 2008). The Court reviewed the statute on marriage, which requires two witnesses who sign the license. It is then up to the official performing the wedding ceremony to file the license with the state. If the official doesn't file it, there are penalties against that individual, but the marriage is still valid.

Therefore, if these debts were incurred after the date of the wedding, they were incurred during the marriage and are community debts under Arizona law.  If so, you are liable for those debts. 

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