Can my fiance be held liable for my pre-marriage debts after we are married?

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Can my fiance be held liable for my pre-marriage debts after we are married?

I have excellent credit and no debt. Getting married next month and am concerned because my ex-husband is considering filing bankruptcy and foreclosing on our previous home. We have been trying to get my name off the property for 2 years now, but banks wont remove me (even though I’ve signed home over to my ex (quitclaim) and the divorce paperwork states that I’m to be held harmless and no longer responsible for the home. My soon-to-be-husband is concerned that this foreclosure/bankruptcy will affect him if we sign a marriage license. Can the creditors come after him even if we keep all things separate?

Asked on July 14, 2011 under Bankruptcy Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Separate property is property acquired before marriage or after a marriage ends.

Community property is property acquired during marriage.

Your pre-marriage debts are your separate property.  Therefore, your fiance and soon- to- be husband is not liable for your pre-marriage debts. 


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