Is my wife responsible for my debt from before the marriage?

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Is my wife responsible for my debt from before the marriage?

I have a debt from years before we became married. I now have a court date to appear on for this debt. What we should do if they come after our joint assets or my wife’s personal assets that I am not included in?

Asked on September 4, 2012 under Bankruptcy Law, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Technically no, she is not.  But a judgement can indeed have an effect on your marital assets and jointly held account.  I think that you realize that.  They can and will file a lien on a marital home or levy a joint account or tax return.  I think that the best thing for you to do is to try and settle the debt when you go to court.  Enter in to an agreement that you can actually pay off.  Do not over extend yourself.  Good luck.


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