Legal Question in Credit and Debt Law in California
pre-marital debt's effect on spouse-to-be
I received a $30,000 business/personal loan from an individual five years ago. It was used for my business, which failed within a year. I didn't file bankruptcy, and wasn't able to pay it back. The lender never contacted me again. I'm getting married this year, and my future spouse wants to know if that debt can threaten her income after she marries me. It doesn't appear on my credit report.
2 Answers from Attorneys
Re: pre-marital debt's effect on spouse-to-be
If the loan was based on a written contract, then there is a 4 year statute of limitations in which time the creditor must file suit. That would begin at the time of the first default on payment.
In order for your future wife's salary to be affected, the creditor would need to file suit and get a judgment. He would not be able to attach her wages, however, if you put her check in a joint bank account, he could attach that. Of course, he would be required to have a judgment first.
Re: pre-marital debt's effect on spouse-to-be
The statute of lims is 4 years from the date of "last entry"--meaning from the date the last payment was made or the last time the payment came due (i.e. if you were to make payments in installments). So, your spouse to be is probably safe. However, more curiously, I am bedeviled why your fiancee is marrying you. Almost always, getting married is a financial fallback. You get taxed more, you get fewer exemptions, and it becomes more difficult to protect your assets. If your fiancee thinks she will gain financially by marrying you, she should not marry you. You don't get married for financial reasons. The only reason to get married is for social reasons. So you can walk around and tell poeple that the Great god of California has deemed you married (and is going to make you pay for it).