Legal Question in Credit and Debt Law in New Mexico

My fiance is being sued over a reposesed car. She was a cosigner and the primary person has passed away. She is also on full disability due to cancer and has no real assets, however I do. I want to know if we were to proceed with our wedding plans can the debtors attempt to sue me bein that I would be her current husband or would I be safe because it happened before our marriage? Also should she file for bankruptcy?


Asked on 9/06/10, 9:47 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

You have no liability for debts incurred by your spouse prior to your marriage unless you agree to assume them in writing. If she loses the lawsuit a judgment will be entered against her which will remain effective for 14 years. Only she can determine whether or not the best way to handle that is through bankruptcy.

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Answered on 9/27/10, 11:38 am


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