I recently married and now I am being tagged for my spouses past debts. Is this legal? My name is not on any of the cards and I never signed anything.
2006-07-01 02:33:13 · 18 answers · asked by NYC 1 in Business & Finance ➔ Credit
"In most cases when you become married, your and your spouse's credit combine. So now, both of you are responsibile for the credit."
HOGWASH !!! WRONG, NOT TRUE !!
You do NOT automatically become liable for your spouses debts when you get married, in ANY state. NY is NOT a community property state, his debts are his, yours are yours, forever and ever !! You are in NO WAY responsible for HIS debts, not even AFTER marriage.
Not even in a community property state is a spouse liable for the pre-marital debts of the other.
If a debt collector or creditor is harrassing YOU to pay HIS debts, tell them to pound sand, you are not legally liable in any way - ever.
2006-07-01 12:35:47 · answer #1 · answered by SciFiDiva 2 · 0⤊ 0⤋
A friend of mine had the same thing happen 6 years ago and they stuck with the marriage. They wish they had gotten divorced or an annulment on the spot. My friend ended up struggling to pay of the old debt and the new debt. If your new spouse had that much debt before the marriage just think about all spending they will do now with your income, which is what happened to my friend right now.
2006-07-01 02:47:38 · answer #2 · answered by psw 1 · 0⤊ 0⤋
Not sure. I know people who don't get married for that very reason. A girl I used to work with lived with her boyfriend for 6 years, but would not marry him b/c he owed the IRS so much money. I would cosult an attorney. Whomever is trying to collect from you I would call them and say I am not responsible for this debt and send a copy of the marriage license. Bill collectors are dirty and will do anything to collect on a debt...that's how they get paid. They try to scare you so you will pay. If they don't stop after speaking to them - tell them you are going to contact your attorney for harrassment and false information (saying that you have to pay the debt) if they ever contact you again. If they do contact an attorney and have them write a letter. Also, tell your new spouse to pay off the debt!
2006-07-01 02:42:56 · answer #3 · answered by totalstressor 4 · 0⤊ 0⤋
It is legal. They say before you get married find out all the dirty little secret including credit score, debt. Make a plan with your spouse to pay off the debt. If anything and you do mnot trust they they can budget correctly have your own savings witha general house fund. Split your checks in half
2006-07-07 15:21:44 · answer #4 · answered by Rock_N_Roll_Chicky 5 · 0⤊ 0⤋
NO, it's not your problem if you did not co-sign/ guarantor.
See an attorney if collection agency is asking for money from you.
However, if you have a shared account and there is a default judgment(summons served and hearing not attended, judge may set default judgment), a bank account can be frozen to all. However this is usually after attempt to garnish wages of the person who created the debt, not you.
Again check with an attorney ASAP, because default judgment also may include interest from the original debt not balance.
2006-07-01 20:09:37 · answer #5 · answered by rmpbklyn 4 · 0⤊ 0⤋
Iam confused of who you mean current new wife then no nto obligated.. but past wife during marriage yes ,,No any past debt you can fight that.. if you were to make new debts then you are responsible for it. Some would argue you took on the package when you got married. It is legal to have them send you bills. Always check in future about your mates possible credit. This marriage is off to a bad start. You better to the accounting in it. Anything owned before marriage is legally yours too in case you do get divorced. anything made before marriage is their responsibility. Perhaps you can call a lawyer for free consultation. In NY tho i know anything before marriage is the person who made debt responsibility. Debtors are trying to get paid thast all and they can ask you but your not required by law to pay it if you fight it.
2006-07-01 02:40:04 · answer #6 · answered by gypsygirl731 6 · 0⤊ 0⤋
You made a mistake marrying a financially irresponsible woman. Legally you aren't responsible, but practically you are since if you own property together or share bank accounts creditors can go after your money. Since she is your wife, her problems are your problems. She must have many good qualities to offset her money problems. I'd help her pay off her debt rather than trigger a bitter argument with long range repercussions. She may need to file bankruptcy and certainly needs financial counseling.
2006-07-01 02:57:47 · answer #7 · answered by Superstar 5 · 0⤊ 0⤋
Yep, that's part of the program. You are not legally responsible, but your names are joined and your name will pull up their records and vice versa.
You can do a lot to solve issues of past debt by disputing the contents of your three credit reports. Start here: https://www.annualcreditreport.com/cra/index?currState=FL&ion=S
Sincerely hope this helps!
Daniel
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2006-07-01 02:38:45 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I suggest you to file for a divorce and tell him you will marry him again after he has paid all his debts and if his credit score is above the National Average.
2006-07-01 07:33:59 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I believe that depends on the state. Here's something that happened to me though. My husband had a credit card and we put me as an authorized signer. In some cases that doesn't affect the authorized signers credit, and in some it does. We didn't realize it, but the company had a clause in the account agreement that said they'd report to my credit. They can do this even with just your name (credit bureaus can be matched with just a name and address).
2006-07-01 07:03:08 · answer #10 · answered by Megan R 2 · 0⤊ 0⤋