When I get married, do I assume all of my husband’s debts?

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When I get married, do I assume all of my husband’s debts?

Asked on September 21, 2012 under Family Law, Wisconsin

Answers:

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

Answered 11 years ago | Contributor

If you live in a community property state, 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.

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.

You are not liable for your husband's pre-marriage debts because those debts are his separate property.

If you don't live in a community property state, other rules may be applicable.


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