Legal Question in Credit and Debt Law in Pennsylvania

Debt prior to marriage

I am engaged to a man who is $30,000+ in debt to many collectors, one being the IRS, which has been turned over to a tax attorney. Others are court costs, an insurance company due to a car accident he had and hit a house (he did not have insurance at the time), his ex for child support and vehicle payments and health care facilities from the car accident. I did not know about this debt when we became in engaged. If we are to marry, can I be held responsible for any of his debt? If we were to own property together, could we/me have this property taken away? Would a prenuptial agreement protect me from any of this debt? We currently do not have any thing together in name nor any joint bank accounts. If we did have joint bank accounts can money be taken from them for any of this debt? What about leans? Any information you can share will be greatly appreciated. Thank you!!


Asked on 5/13/08, 4:14 pm

2 Answers from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Debt prior to marriage

You asked about premarital debt.

Maybe you should reconsider marrying someone who wasn't totally forthcoming prior to asking you to marry.

Yes, you will need a pre-nup but it won't help with regard to any creditors. You will be fastidious about maintaining assets in your name and subject to your legal control. His paycheck goes into a separate account and then he makes a weekly, bi-weekly or monthly payment to your account for management of the household.

This matter needs to be considered very carefully. You should speak with a lawyer before marrying so that you can get specific advice for your situation.

Regards,

Roger

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Answered on 5/14/08, 1:17 am
John Gibson John W. Gibson, Esquire

Re: Debt prior to marriage

You would not be responsible for his pre-marital debts. In Pennsylvania property that is held by Husband and Wife is held as tenants by the entireties. That means that a creditor of one spouse cannot attach property held in the names of both spouses and no lien would attach to such property because of a judgment against one spouse only.

If he's dealing with the IRS through a tax attorney that tells me that he has probably considered a bankruptcy but has decided against it for one reason or another. There are a lot of pros and cons with bankruptcy and you may want to discuss with him whether he's talked with anyone about it and, if not, have him see a bankruptcy attorney in your area.

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Answered on 5/14/08, 12:44 pm


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