If my credit is not great and I’m engaged to be married, can my then husband’s assets be taken should judgments be placed against me?

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If my credit is not great and I’m engaged to be married, can my then husband’s assets be taken should judgments be placed against me?

I filed bankruptcy 10 years ago. I was married at the time and we reaffirmed the debt on our mobile home. My ex-husband has retained the mobile home in our divorce and has since made tons of late payments and was even up for foreclosure last year. My current fiance does a lot of business with rentals and home flips, etc. If we marry could any of his assets be taken or a lien placed on them for my debts?

don’t want him to have to pay for my ex-husbands and my mistakes from my past.

Asked on March 23, 2016 under Family Law, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

One spouse cannot be held liable for another spouse's debt unless: the debt is a joint debt for which they are both liable, the innocent spouse agrees to be responsible for paying the debt off or, in some cases, if they live in a community proerty state. That having been said, any joint assets that the couple holds together may be at risk. However, the innocent spouse's sole assets cannot be liened, seized or garnished.


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