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- Examine which spouse is responsible for debts incurred before marriage.
- Review how living in a community property state can affect financial responsibility.
- Keep assets separate, if one spouse is threatened with collections.
- Start your FREE debt assessment
When I get married will my husband have to pay on any of my prior outstanding bills?
When I get married will my husband have to pay on any of my prior outstanding bills?
Thank you for your question about the debts you brought into your marriage and your spouse’s responsibility to pay them.
Is My Spouse Responsible for Debt I Incurred Before Marriage?
Two quick contradictory answers:
- No, your spouse is not responsible for your pre-marital debt if you reside in a common law state
- Maybe, if you reside in one of the 10 community property states
| Community Property States |
|---|
| Alaska* |
| Arizona |
| California |
| Idaho |
| Louisiana |
| Nevada |
| New Mexico |
| Texas |
| Washington |
| Wisconsin |
| * Optional |
Source: Bills.com
Let us tackle the easy answer first. If you reside in one of the common law states, whatever debts you incurred before marriage will be your responsibility alone. Of course, if you apply for a joint mortgage or a loan, the lender will analyze both of your credit ratings.
Community Property States
The answer to your pre-marital debt question is more complicated if you live in a community property state.
In community property states, debts incurred during the marriage to benefit the community (your family), such as credit cards used to purchase items which will benefit both spouses, are considered community property, and are therefore owed by both spouses regardless of whether or not both spouses are listed on the credit card.
For example, if you lived in Washington State and incurred debt during your marriage, both you and your husband, as a marital community, could be sued to collect on the debt. If a judgment were obtained against you, both yours and your husband’s bank accounts could be levied to enforce the debt. The details of the "debt during marriage" rule vary by state.
Pre-marital debt in community property states is much more complicated. Some states (California, Idaho and Louisiana) allow a judgment creditor to collect a debt from both spouses’ community property, but not their separate property. Other states (New Mexico and Washington) allow a judgment creditor to collect from 50% of the spouses’ community property. Still other states — Nevada is one — place a very high burden on a judgment-creditor to show the non-contract-signing spouse has liability for the debt.
Follow the links in the "Community Property States" table to learn the pre-marital debt rules for your community property state.
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I hope this information helps you Find. Learn & Save.
Best,
Bill
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Did you know?
Mortgages, credit cards, student loans, personal loans, and auto loans are common types of debts. According to the NY Federal Reserve total household debt as of Q1 2024 was $17.69 trillion. Housing debt totaled $12.82 trillion and non-housing debt was $4.88 trillion.
According to data gathered by Urban.org from a sample of credit reports, about 26% of people in the US have some kind of debt in collections. The median debt in collections is $1,739. Student loans and auto loans are common types of debt. Of people holding student debt, approximately 8% had student loans in collections. The national Auto/Retail debt delinquency rate was 4%.
The amount of debt and debt in collections vary by state. For example, in Minnesota, 13% have any kind of debt in collections and the median debt in collections is $1623. Medical debt is common and 2% have that in collections. The median medical debt in collections is $418.
Avoiding collections isn’t always possible. A sudden loss of employment, death in the family, or sickness can lead to financial hardship. Fortunately, there are many ways to deal with debt including an aggressive payment plan, debt consolidation loan, or a negotiated settlement.
10 Comments
I live in Wisconsin, which is a community property state. My fiancé lives in Wyoming which is a common law state. Years ago I had a judgement brought against me for a civil suit, it's for a considerable sum of money. We are wondering if they will be able to come after her wages or assets for my old debt. She is joining the U.S. Marine Corps in 5 months, and we want to get married before she enlists, but we want to know how we can be sure we avoid anyone being able to come after her wages. We would like to know how to avoid any negative impact on her wages/credit. 1. If we get married in Wyoming will it make a difference as to getting married in Wisconsin? Even though I am a Wisconsin Resident and she is a Wyoming Resident, does where you get married make a difference? 2. If I become a resident of Wyoming before we get married will that avoid any problems (I have been living in Wyoming off and on for a year and can get the proper paperwork for a Wyoming Drivers License/ Residency) 3. Will a civil judgment not be considered the same as a credit card or bill collector, the winner of the judgment is not actively pursuing it. (It's been 3 years since I have heard anything).
Thanks for your time. I have asked several lawyers, but i have gotten several different answers. And just FYI, paying-off the debt is not an option as I do not have $440,000 laying around.
Let us assume the statute of limitations has not run out on your judgment. Let us also assume your creditors will pursue you as the law allows until the judgment expires. 1. In which state or country your marriage license is issued is a tiny piece of your residency puzzle. For example, you could as US citizens get married in Italy legally, and if you take the necessary steps, have your Italian marriage be recognized in the US. Short answer: Don't let this judgment determine where you marry. 2. In which state you reside matters far more than where you married. You did not mention which state court granted the judgment. Let us assume it was Wisconsin or someplace other than Wyoming. If you are a Wyoming resident, the judgment-creditor must domesticate the judgment in Wyoming, and then use Wyoming's remedies laws to collect the debt. Becoming a Wyoming resident will not allow you to dodge the debt, but it may slow the judgment-creditor down a bit.
As you pointed out, you and your spouse being Wyoming residents insulates her from collections activities because Wyoming follows common law rules when it comes to family law and spousal debt. 3. Judgments have limited lives. Each state has a different clock for judgments. See the Bills.com article Statute of Limitations on Debt to learn how long your judgment may live.
One last thought: Some states allow judgment-creditors to renew a judgment. A lawyer in the state where your trial took place will explain that state's judgment-renewal rule.
Check your credit report and see if there is a judgment against you. Look in the Public Records area of your report. If you don't have a judgment, make sure you respond to any summons you receive. If the creditors don't have your current address, you may not receive any notice of a lawsuit, but could first become aware of a judgment when a bank account is hit or your payroll department informs you that your wages will be garnished.
Also, when checking your credit report, note the date of last payment on the debt and pay attention to the statute of limitations on the debt. Your medical debt likely falls under the SOL for a written contract, which is 5 years in Colorado.
Consult with a tax lawyer for a more detailed analysis of your situation, in particular if you are using your own separate property to pay for the home you are purchasing.
Take the documents you received to a lawyer who has experience in civil law, or more specifically, consumer law. He or she will advise you if and how to complete the document in question. I realize a lawyer's time is not cheap, but if the document is one your spouse can ignore without legal recourse, then the lawyer's fee was well spent.