If I marry a man that has debts, can I be held responsible for them after out marriage?

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If I marry a man that has debts, can I be held responsible for them after out marriage?

If I marry a man that owes money to the court and high school credit, can I be held responsible after I marry him? Can collection agencies or the court take my salary?

Asked on June 23, 2011 under Bankruptcy Law, California

Answers:

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

Answered 12 years ago | Contributor

In most states the answer to your question would be no; a spouse cannot be held for debts incurred prior to marriage. However, CA is a community property state.  As a general rule, in a community property state, one spouse assumes liability for the other spouse's pre-marital debts.  As a practical matter, many creditors do not go to the trouble of suing both spouses. The reason is that it can complicate the legal process involved in obtaining a judgment. However they could so. Therefore your wages and any other non-exempt property may be at risk.

At this point you should consult directly with an attorney in your area who can review the specific details of your situation. And you should do this prior to your marriage.


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