Legal Question in Credit and Debt Law in Texas

prior debt responsibility in marriage

My fiancee currently has several common debt types, some of which have made it to collections. Her debts include government student loan, credit card, and medical bill debt. One government student loan has made it to the point of wage garnishment.

I have excellent credit history, own a home, and have equity in several other assets, so my questions are as follows:

In Texas...

(1) What financial responsibility do I hold for my fiancee's prior debt should we become married?

(2) Can a debtor attempt to legally collect from me or attempt to lien on my assets to cover her prior debt should we become married? My particular concern is with the before mentioned student loan which had made it to the point of her wage garnishment, as she will no longer be employed soon.

(3) Are there any other financial concerns I should consider as related to this debt should we become married?

I have not acted as her agent at any time by signing any document for which she incurred debt.

Any information you can provide is greatly appreciated.

Thanks!


Asked on 8/14/06, 2:58 pm

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: prior debt responsibility in marriage

Debts incurred prior to marriage are her separate property. Just make sure that you do not co-mingle your incomes or checking accounts after marriage.

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Answered on 8/14/06, 3:37 pm


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