If I get married and I have bad debt would my future spouse be responsible for my debt?

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If I get married and I have bad debt would my future spouse be responsible for my debt?

Asked on August 1, 2011 Maryland

Answers:

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

Answered 10 years ago | Contributor

A wife can't be held liable for her husband's pre-marital debt. The fact is that in MD (as in other non-community property states) there is no spousal liability for pre-marital debt. The only way that your future wife would be liable for this debt is if she specifically agreed to be (e.g. as a co-signer) but not just because you were married. However, once you are married if your husband's creditor(s) sue and are awarded judgement(s), then his assets as well as any joint assets (to the extent that they are non-exempt) will be at risk.  So keep your bank accounts and such separate.


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