Legal Question in Family Law in Maryland
Pre-Marriage Financial Responsibility
I am about to marry a man who has some major debt and bad credit. When we get married, am I responsible for his past financial mistakes? Could I loose my home or have my income tax refunds intercepted?
2 Answers from Attorneys
Re: Pre-Marriage Financial Responsibility
You are generally only responsible for debts that you incurred or agree to be responsible for, i.e., as a co-signer or guarantor.
However, you could have a problem with your husband's creditors if you co-mingle assets, or if it is alleged that debts incurred by your husband resulted in a benefit to you.
You should consult with an attorney, and perhaps get a prenuptial agreement.
Re: Pre-Marriage Financial Responsibility
While you aren't liable for your fiance's personal debt, you should protect yourself. Don't put his name on the deed to your property, because if you later divorce, part of the property could be attached to satisfy his debts. I would also suggest you maintain your own bank accounts. Any joint obligations you undertake from here on, even if primarily for his benefit, will subject your assets to attachment and could harm your credit record.