Legal Question in Family Law in Virginia

Protection from Spouse's Creditors

Virginia law would allow the creditors to go after some of your joint assets (but probably not your home) once you get married, if your wife's ex were to default -- a prenuptial agreement would not help you against the creditor, but would against your wife. Best bet is don't open any joint accounts.

Bill Lyden is the attorney in the firm who handles these types of matters. If you would like toschedule an appointment with him, please call theoffice at (703) 691-1888 and the secretary can setthat up for you.

This message is not legal advice and does not establish an attorney client relationship. If youwould like further assistance with your legal matter,please feel free to contact the office via any ofthe methods listed below.

Going for the Deep Pocket

This reply to your posting is not intended to be the giving of legal advice or the establishment of an attorney-client relationship. Accurate legal advice can only be given on a fuller statement of facts than is contained in your posting and, in this Office, the attorney-client relationship is only undertaken upon the execution of a written fee agreement.

I agree with Evan; a prenuptial agreement is binding as between you and your fiancee, but probably would not insulate you from a claim of your fiancee's creditors against jointly held property, just as your fiancee's separation agreement with her husband may obligate him to pay the student loan, but cannot bind the creditor to relieve her of her contractual obligation to it.

Until this matter is resolved, don't acquire any joint assets and don't put anything in your fiancee's name that you don't want her (or her husband's) creditor to try to attach. I'm sure she'll understand.