Will my husband be liable for the debt thatI incurred prior to our marriage?

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Will my husband be liable for the debt thatI incurred prior to our marriage?

I have several credit cards that I had to quit paying over a year ago because my business quit making money. Some are threatening to sue though none have done so yet. My boyfriend just asked me to marry him this weekend. I do not want there to be any problems for him if a lawsuit should happen. Can they take his property or garnish his wages because of my debt?

Asked on November 15, 2011 under Bankruptcy Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Ordinarily debts that were incurred by one before he or she marries is a separate debt owed solely by the one spouse even though he or she marries later on.

The spouse who marries the person with pre-existing marriage debt is not responsible for paying off that debt. However, one-half of the marital income would be obligated to pay off that pre-marriage debt whose income received during the marriage.

Good question.


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