Legal Question in Family Law in New York
Liability for Debts Incurred Prior to Marriage
I am a resident of New York, my husband to be is a resident of Pennsylvania. Through his past divorce, the ex-wife got the house and other monies, they agreed to maintain together the business he started. There is no chance that either of them will be able to buy the other out. When he walks away, she will own it all. He has other credit card debt and the ex-wife may expect him to compensate him as regards the business. No child support, children are 18 and 28. We will marry in New York state. Do I need to prepare something with a lawyer protecting me from either the ex-wife, his creditors, or IRS coming after me for any real (or invented debt, in the case of the ex-wife)? She is a vindictive, angry woman who could be capable of anything. I have an excellent job, my car is in my name and I do not own any property (although thinking about buying a house). Thank you so much for your help. I did read some on prior debt on this site, and community property states, but still would like some clarification.
2 Answers from Attorneys
Re: Liability for Debts Incurred Prior to Marriage
No one should attempt to tell you what you might require given the description of your cirumstances, without consultation and carefull review of your respective financials and consideration of your respective hopes and plans for the future.
Therefore, you both should consult with an attorney separately and together, re the ramifications of your impending marriage on pre-existing obligations; and the best way to proceed respecting setting up of your household.
COMPLETE AND FULL DISCLOSURE of ALL of your and your prospective spouse's pre-Exiting financial and other obligations; AND disclosure of your's and his understanding concerning obligations, and desire re a host of things, before marriage.
Good luck,
Phroska L. McAlister,ESQ
Re: Liability for Debts Incurred Prior to Marriage
Unfortunately, you are wise to be concerned.
It is hard to anticipate what MIGHT happen. If the ex-wife is as vindictive as you say, she could indeed take actions or file a lawsuit which might be meritless, just to make life miserable for you and your intended -- possibly in hopes of forcing you to settle just to avoid the cost and nuisance even of having her lawsuit dismissed (as your best-case legal scenario).
You and your fiance should have a simple, clear, yet comprehensive document drawn up between you, to anticipate potential trouble and how it will be handled.
In many cases, mediation is an excellent process for people who are planning to marry, as it focuses them on solving the problem together, rather than having them each get their own attorney to negotiate against each other. In this way, mediation would acknowledge your joined future, instead of driving you apart a little bit as you are planning to wed.
If you'd like to know more about mediating the terms of a document that would protect you both in this situation, please feel free to contact me.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
