Legal Question in Credit and Debt Law in Florida

Re: Bill's

Debt is a matter of contract. If she is the only person who entered into the contract, then she is the only one who can be liable under that contract.

Let's use an example: if husband applied for and received a credit card prior to marriage, then got married, wife would not be liable for the debt.

HOWEVER, there are two very big caveats to this answer.

First, if wife were later added to the account as a co-applicant, then wife would be liable. She would have, in essence, joined into the contract.

Second, one spouse's debts can become a claim against the debtor-spouse's portion of any marital property (both real property and chattel). The exception to this rule would be the protections under Florida Homestead law.

I know that I have thrown a good bit of legal-ese your way in a short space, so let me sum up a bit: You will be in the clear for your pre-marriage property, so long as you don't join her on the debts or commingle your property (i.e. add her name to something). For marital property, some will be exempt, but her creditors may be able to get a piece of some stuff if you have too much stuff.

For more research, check out the link to the State exemption statute 222 on www.LaBellaLaw.com.