Am I liable for a debt that my husband incurred before our marriage?

The accident occurred almost 2 years ago. I was not around then. He was just served papers; he is suing (after the money received from insurance) for personal injury, job loss, etc

Asked on October 23, 2011 under Bankruptcy Law, Virginia

Answers:

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

Answered 9 years ago | Contributor

The general rule is that no, a spouse is not responsible for the other spouse's pre-marital debt. The exceptions are if the spouse" specifically agrees to be liable for their partner's debts (i.e. a contract or promissory  has been signed, etc); they live in a community property state (and your state is not); or the debt is incurred as a necessity of the household (medical bills qualify but not all states allow for this and only debts acquired after marriage are included).

Bottomn line, your husband cannot be held legally liable for any debts that you incurred before your marriage. 


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