If I remarry what happens to the debts accrued prior to marriage if one of us dies after marriage; is it the other person’s responsibility to pay it off?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I remarry what happens to the debts accrued prior to marriage if one of us dies after marriage; is it the other person’s responsibility to pay it off?

I am thinking of remarrying and currently have my own debt (mortgage, truck payment, credit cards) and he has his own debt (car payment, credit cards, medical bills). Can creditors come after either one of us due to being married or only seek debts accrued during marriage? Also, how is SSI affected after marriage if one party receives more than the other? Is the SSI lowered for the one person based on the other’s higher income?s it the other person’s responsibility to pay it off? ,

Asked on April 17, 2012 under Family Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country with respect to marriage the debts of one spouse before marriage are the debts of that spouse unless the other spouse agrees in writing to be responsible for them. However, with respect to the matter that you are writing about, should you pass before your spouse with a significant amount of debt in place before marriage, your estate would be responsible for paying off such oligations.

This estate would also include one half of the assets of your marriage with the spouse that survived you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption