If a man and woman get married is he responsible for any of her debts?

Question

For any of her debts that she had before they were married? Or is he financially responsible for her debt after they are married. I owe money to people and I want to get married but not if my future husband is going to be burdened with my past debt. Is their some kind of prenup I can sign that relieves him of the responsibility of my financial woes??? God bless you all !! :)

Answer 1

While it's not his debt, it will impact his life.

So legally, he is not obligated. However, he still gets to share the baggage you are bringing into the marriage.

I would sign a pre-nup spelling out what debts you have and he has before marriage, and stipulating that the pre-existing debts any debts either of you incurs during the marriage that are not joint accounts are NOT to be considered marital debts. The only debts that qualify as marital debts are those you both knowingly open as joint accounts. Accounts where either of you open them and simply give the other access rights don't qualify as joint accounts as either of you could open an account and have cards issued in your spouses name but never give them the card, ultimately sticking them with 1/2 that debt if you two should divorce.

So, if he gets a bunch of credit cards, or buys a new car or motorcycle without your name on the loan contract, then the asset is his and so is the debt until it's paid off. Once paid off, it becomes a marital asset. Same for you, if you get a bunch of department store credit cards in your name only and charge them up, don't try to pawn that off as marital debt if you end up divorced.

I think a pre-nup that protects each of you from the others financial individualism is possible. See a lawyer to be sure.

Answer 2

Technically he wouldn't be legally responsible for your debt that you incurred before the marriage, but nevertheless, it could definitely affect him.

For example: You owe a debt from before you were married. You don’t make the payment. The creditor can put a lien on your property. That includes joint property, so if you own a home together that was purchased after the marriage, a lien can be placed on it for *your* debt.

If you owe A LOT of debt, then you definitely need to seek the advice of an attorney. Of course, as long as you make the scheduled payments on your debts, you shouldn’t have a problem.

Answer 3

No he's not responsible for any debt you have before you guys are married. I don't think you need to sign a prenup for that. Just pay the debt off on your own.

Answer 4

First of all to everyone considering marriage to a hubby in debt or maybe your the debtor, weigh the possible effects of the debt on your realationship. For example how soon will you want to make large purchases with your mate,( cars, houses, higher education) also do you plan to have a large wedding? Trying to get your debt under control is always advisable, but what kind of debt are we talking here?(slow pay, no pay). As for the legality of it, your hubby is not responsible for bills aquired before your union,but please try to factor in "your credit is still yours" and when the two of you apply for things together you may have a hard time.As for the question of prenups, it makes me sad that the world has to resort to this kind of devision in the name of love,(How many of you heard stories from your grand & greatgrandparents about prenups?) but if you feel strongly that whats "his is his and yours is yours in the end", than of course consult a reputable source for council. But if you take only one bit of advice from any of this, let it be that marriage before God is intended for love and life! Good luck, and blessings for your new family.

Answer 5

The only thing he is responsible for are the debts he has signed for. Period. Anything you do jointly in the future will become his problem. Even if you were to die, the debt would be the property of your estate and your assets might go toward settling; but he as an individual would not be responsible.

Answer 6

You should set up some sort of agreement understanding. The common rule is that any debts prior to marriage are her separate property. However, if you try to buy anything together, ie. house, the loan companies could make you pay off her debt in order to qualify for more money, or better credit.

Answer 7

Legally he is not going to be responsible for your debt prior to the marriage. After the marriage he will be as equally responsible as you for any debt incurred during the marriage. However, there are alot of guys who help pay off her debt because he, too, is probably going into the marriage with debt of his own.

Answer 8

I dont know about any prenup that can but if I were you I would go to your local justice center and check there. I think taht certain bills and debt..once your married will fall on him...but more personal debts don't and you guys could make a contract.

Answer 9

Ultimately he is responsible for your debt because unless you guys are going to keep everything financially seperate, bank accounts, future loans, checking accounts, mortgages etc etc... your money is his money and his money is your money. Your bad credit is going to effect him because you live under the same roof and abide by the same budget. If he doesn't help you pay your bills, first, what does that say about your marriage, secondly, it is eventually going to effect him financially as well.

Answer 10

In my opinion if you marry a person this means that you are in it together. Sure the debt were incurred before him but sharing a household and sharing a life means youll help that eprson out in their time of need because you love them.
If youare not working, then i dont think its fair that he should pay all your debts but ifyou are both employed than its more like a pool of money that pays for both of you guys' debts