Legal Question in Family Law in Massachusetts

Debts of Future Spouse

You will not automatically acquire the debts of your fiance. Also, assuming that your house is soley owned by you, then your fiance's creditors cannot attach the property which does not belong to him.

Get a prenuptial agreement, Mrs. Trump!

You didn't give us much information, e.g., your age, children, employment, etc.I would suggest you and your fiance sign a prenuptial agreement. Should this second (?) marriage not work out, all these oral promises will vanish. It will be your word against his.Nothing like a solid piece of writing to memorialize your agreements while the roses are still on the bush.Getting his written agreement when the bush has to be pruned will be much more difficult and expensive. You might want to avoid joint anything -- bank accounts, complementary credit cards, savings accounts, etc. You day he is "slowly clearing" them up. What is he waiting for? Does he have employment problems? or is he simply a struggling artist of sorts? Why do I sense that you're not to sure about this step? Just be careful. Do, indeed, protect yourself. You probably worked long and hard for what you've got. Don't jeopardize it.

Get a prenuptial agreement, and a Homestead

I second atty Johnson, you are a candidate for a prenuptial agreement. Have your fiance look at how deep he is in debt. A personal bankruptcy can be filed in the name of one spouse only. If the debt is manageable, and he can work out of it, just know what you are getting into.

A prenuptial requires that you disclose your financial situation to your fiance completely and honestly. Have an attorney draft it for you, and be complete and forthright in your disclosure. If you don't disclose, the prenuptial agreement can later be declared invalid.

If you are worried about your house, get a Homestead exemption. It is relatively cheap ($10 to record, probably $50 for an atty to draft), and it prevents creditors from taking the first $100,000 of equity you have in your house. Very cheap protection, and available to single or married people for their primary residence. If you decide to hold the house jointly, make sure you hold it as a tenancy by the entirety. An attorney can explain the significance of this to you, but basically it means that your new spouse's creditors cannot foreclose and take the house while you are alive.

This message is provided to assist you in structuring your thoughts when you speak with an attorney about your situation. I am not your attorney, and you are not my client, so this is not legal advice. Legal advice can only be given after a careful interview of the client by the attorney, and I have not had the opportunity to understand the significant issues that I must understand to render legal advice. You should contact an attorney in your state to discuss your situation. That attorney can give you the advice that your situation deserves, after carefully considering the issues that are legally significant in your situation.

Your fiance's debts aren't your debts

Your new spouses debts incurred prior to marriage are not your debts. However, anyjoint assets may be reached to satisfy his debts. I suggest that you keep the house inyour name alone and file a homestead in your name.