Legal Question in Credit and Debt Law in Wisconsin

spouses responsibility for debt incurred before marriage

i am being sued for approximately $7000 for hospital services. i do not dispute this debt. however, it was incurred before i even met my husband. can he or any of his income be affected by this, say if they garnish wages? i am being told by their (the hospital's) attorney that they can garnish his wages because half of them are mine, marital property. is this true? we desperatly need to know what they can and cannot do and we cannot afford an attorney of our own, so could you please help us?? thank you for taking time to read my question, i hope you can help.


Asked on 8/19/04, 12:52 am

1 Answer from Attorneys
JAY Nixon nixon law offices

Re: spouses responsibility for debt incurred before marriage

The WI marital property act recognizes one spouses 1/2 ownership of the other spouse's marital wages. This is true regardless of the fact that the debt being collected may not be a marital debt. The non-debtor spouse, however, would be able to contest an attempt by such a creditor to seize his or her separate property. An example of such separate property would include an inheritance. You should immediately consult with a bankruptcy lawyer in order to learn what protections may be available to you. Spouses also have the right to "opt out" of the marital property act, although the retroactive effect of such an agreement on an old creditor who lacked notice of the agreement might be questionable.

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Answered on 8/21/04, 11:28 am


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