Is my husband liable for my previous dental bills?

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Is my husband liable for my previous dental bills?

Several years ago, I went to a dentist for my familys dental needs. I later married the person that referred me to him. The office combined the accounts, including previous bills. When we were divorced, they then attempted to seperate them. My ex-husband has paid off what they said was his part. I am permanently disabled and eligible for SS but they aren’t paying right now because of other bills. And I am fighting a worker’s comp case. They did get a judgement on me and acquired an old savings account, which I had $20 in. However, I recently got married and I don’t want my husband to be held responsible for this bill. I have contacted the attorney several times telling him I will take care of the bill if my WC case ever closes. How can I protect my husband?

Asked on October 17, 2012 under Bankruptcy Law, Illinois

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you live in a community property state, your husband is NOT liable for your pre-marriage debt because that debt is your separate property.

Separate property is property acquired before marriage or after the marriage ends.  Separate property also includes income and debts before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

Community property is property acquired during marriage.  Community property also includes income and debts during marriage.  Each spouse has a one half interest in the community property.


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