How do I protect my assets when I marry a man who has a property lien judgement filed?

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How do I protect my assets when I marry a man who has a property lien judgement filed?

I am marrying a man who had a judgement of lien against his personal property. Although he does not own anything of value, I own a house, 2 cars, and a pop up camper. When we marry my property will become his property, and I assume they will attempt to attach the lien at that point. How do I protect myself and my assets from his past financial issues? We are going to seek an attorney and have a prenuptial agreement drafted, but I assume that will not protect my assets from liens filed prior to our marriage.

Asked on November 22, 2010 under Family Law, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Why do you assume first that "his property becomes your property" upon the saying of  "I do" and that the pre-nup will not protect you?  It can indeed protect you.  Do not place anything in his name that was your prior to the marriage.  Do not co-mingle any of your income with his.  Keep separate bank accounts - checking and savings  - and separate credit card accounts.  Do not give him a card on your accounts and do not use one on his.  I say this assuming that one day he will have the matter cleared up and you can then co-mingle all your assets should you choose to do so.  But you may want to keep things thing way indefinitely.  Good luck. 


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