Will my new wife be responsible for any of my pre-marital debt?

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Will my new wife be responsible for any of my pre-marital debt?

We have been married for only 6 months. Taxes (state and federal), home owners association fees and school loans.

Asked on April 9, 2011 under Bankruptcy Law, New York

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your wife will not be responsible for any of these debts on her own as long as her name is not on them.  They cannot go after her for payment of these debts. However, if these debts become judgments against you and you have joint bank accounts with your wife, these accounts can be frozen by the creditors and possibly garnished. Also if you file joint returns, and you owe the IRs or State money, they will take your return. You may want to have separate bank accounts until these issues are resolved. Also, if you should pass away these debts would become debts of the estate and if your wife inherit these debts on behalf of the estate.  


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