Can I be held responsible for my husband-to-be’s debt prior to our marriage?

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Can I be held responsible for my husband-to-be’s debt prior to our marriage?

My fiance was divorced last year and we are getting married this year.

Asked on January 27, 2011 under Family Law, Illinois

Answers:

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

Answered 10 years ago | Contributor

No you cannot.  There is no spousal liability for pre-marital debt (unless of course you were also on the debt or in some way agreed to assume this debt).  However, that having been said, once you are married if your husband's creditor(s) sue, win, 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 the like separate.


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