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?
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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 11 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.
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