Legal Question in Family Law in Arizona
debts incurred before marriage
If two people want to get married, but one of them has debts, and tax obligations not paid, does the spouse with out the debt become legally responsible for these if the one in debt passes away, and/or does it effect the credit of the one without the debts, and can the debtors go after the individual without the debt ?
1 Answer from Attorneys
Re: debts incurred before marriage
Because AZ is a community property state, debts incurred prior to marriage are considered separate debts by law (unless the non-debtor spouse signs a personal guarantee after the marriage). A creditor cannot hold the spouse liable for separate debts, but the creditor can attack the debtor spouse's half of any community property (after that spouse's separate property is "used up." If the debtor spouse dies, his debts must be paid before any distribution to his heirs.
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