Legal Question in Family Law in Minnesota

Re: second marriage

Yours is a not an uncommon question. The simple answer is that you will not become responsible for your husband's pre-marital debts, whatever the source of his obligation, by virtue of your marriage to him. His ex-wife cannot garnish your bank account, for example, to collect money owing on his delinquent obligation -- assuming the account is not a joint account with your new husband.

And therein lies the rub: Although you have no liability for your new husband's old debts, if you commingle your funds with his, or have a joint interest in property with him (in a house, for example), you could find that you are, in effect, paying his bills.

The most troublesome circumstance could be this: Let's assume his ex-wife gets a judgment against him for the amount of his delinquent liability. And let's further suppose that, at the time she obtains that judgment, the two of you own a house together. At the time you attempt to sell that home, her judgment will likely show up as a judgment lien against the property, which will have to be paid out of the sale proceeds of your house. Now, in theory, ordinary judgments are not actually "liens" against homestead property. (Homestead property is supposed to be exempt from most creditors.) Nevertheless, at closing, a title company would want to see the judgment paid, or would expect you to produce an order from the court certifying that your property is exempt from the judgment.

So the simple answer to your question is that you are not liable for your new husband's delinquent obligation to his ex-wife -- whatever the source of that obligation. But, as a practical matter, you could have exposure if you have joint property with your new husband.

More facts are required to fully, and properly, answer your question -- such as the nature of his obligation, and whether his ex-wife really has a claim against him for the mortgage payments. It is possible he merely forfeits an interest in her home if he doesn't pay the mortgage. As you can see, additional facts are required to answer your question. If you have such questions, please do not hesitate to contact me. My contact information is below.