If you marry outside of a Community Property state and then move in together as husband and wife are you exempt from the debts of the partner that were incurred before wedding?

Answer 1

No, you do not become responsible for debts incurred before marriage. However, debts incurred during the marriage are "marital debts" and subject to an assignment of responsibility by a divorce court, unless otherwise specified in a prenuptial agreement. However, the creditors generally can not pursue you directly unless you have a contract with them, only the divorce court can make you responsible for debt solely in your spouse's name. In some states there is an exception for medical expenses. In tax law there is the 'innocent spouse' exemption. For instance, if a spouse owes back child support that was court ordered, and your joint federal tax refund is garnished you would be eligible to file to exempt your part of the refund. Here are more tips: * Generally a spouse cannot be held responsible for any debts incurred by the other before the marriage. However, creditors have been somewhat successful holding a spouse responsible for the other's pre-marital debts if the couple were married and reside in a community property state. If faced with this type issue the spouse who did not originally incur the debt should use an "innocent spouse" defense in a lawsuit or as an appeal of an awarded judgment. * However, responsibility for past debts aside, their credit rating will follow you both as you try to buy a house and so on. I would insist on cleaning up any past issues (including any debts owed that show on the credit report that belong to an ex-spouse and judgements) before marriage. It is so much better to start with a clean slate and move forward.