Home from a Previous Marriage Affecting New Marriage

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Home from a Previous Marriage Affecting New Marriage

I currently co-own a home with a former spouse. The home is up for sale and she lives in it, making the mortgage payments. My current fiance owns a home. When we marry, could she new spouse be held responsible for my co-owned home should my ex-wife default on the home? If the creditors come after me, could they go after my new spouse and her home?

Asked on May 16, 2018 under Family Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, a new spouse is not liable for the debts of your former spouse or debts of yours predating your marriage to the new spouse. If the home is owned solely by her and was provably acquired by her prior to you and she marrying, your or your ex-spouse's creditors will have no recourse against (that is, they cannot "go after") her home. Anything you jointly own with your new spouse is, however, something your credirtors could go after, at least to the extent or amount of your interest in or share of the jointy owned property. Therefore, you new spouse should keep her money and property separate from you while you have outstanding debts and should not put your name on any of her assets.


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