Legal Question in Family Law in New Jersey

Debt before marriage

I am about to be married to someone who has some outstanding credit issues (overdrawn at bank, small credit card debt, and possibly an account turned over to am collection agency) to my knowledge. Since this debt was accrued before the marriage, will I be held responsible or my credit be affected by this after the marriage? I would also like to know, since I am coming into the marriage owning a home in my name, am I subject to losing any part of it should there be a divorce?

Are there any precautions that I should be taking or am I concerned unnecessarily? Thank you.


Asked on 3/07/07, 4:28 pm

2 Answers from Attorneys
Bernard J. Berkowitz Berkowitz & Raiken

Re: Debt before marriage

The simple answer to both your questions is probably not. However, to protect your previously acquired assets and credit rating it is strongly suggested that you have a pre-nuptial agreement. You should make a list of your assets and liabilities and your future spouses' assets and liabilities. Take them to an attorney and have a pre-nuptial agreement drawn up. You each need your own attorney to make sure the agreement is enforceable in the future.

Read more
Answered on 3/07/07, 4:32 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Debt before marriage

Mr. Berkowitz gave you some good advice. However, I would also suggest that the two of you be proactive and just deal with these credit issues head on.

I'd like to meet with the two of you to go over her credit report. The initial consultation will be free. I will then let you know how to get her credit back on track and if I can help you deal with the collection agencies.

Feel free to call me at 732/247/3340.

Read more
Answered on 3/07/07, 5:48 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New Jersey