Will my fiance inherit the deb that I occurred on my own once we get married?

UPDATED: Nov 14, 2012

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Will my fiance inherit the deb that I occurred on my own once we get married?

Asked on November 14, 2012 under Family Law, Mississippi


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

Answered 10 years ago | Contributor

In a non-community property state, one spouse can't be held liable for the other spouse's pre-marital debt; in other words there is no spousal liability for debt that was incurred prior to the marriage. The only way that your future husband/wife would be liable for such debt is if they specifically agreed to be (e.g. as a co-signer).

However, once you are married if your spouse's creditor(s) sue and are awarded judgement(s), then their 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.

Note: There would be liability if you live in a community property state.

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.

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