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If you marry outside of a Community Property state and then move in together as husband and wife are you exempt from the debts of the partner that were incurred before wedding?
Wiki User
∙ 16y ago
No, you do not become responsible for debts incurred before marriage. However, debts incurred during the marriage are "marital debts" and subject to an assignment of responsibility by a divorce court, unless otherwise specified in a prenuptial agreement. However, the creditors generally can not pursue you directly unless you have a contract with them, only the divorce court can make you responsible for debt solely in your spouse's name. In some states there is an exception for medical expenses. In tax law there is the 'innocent spouse' exemption. For instance, if a spouse owes back child support that was court ordered, and your joint federal tax refund is garnished you would be eligible to file to exempt your part of the refund. Here are more tips: * Generally a spouse cannot be held responsible for any debts incurred by the other before the marriage. However, creditors have been somewhat successful holding a spouse responsible for the other's pre-marital debts if the couple were married and reside in a community property state. If faced with this type issue the spouse who did not originally incur the debt should use an "innocent spouse" defense in a lawsuit or as an appeal of an awarded judgment. * However, responsibility for past debts aside, their credit rating will follow you both as you try to buy a house and so on. I would insist on cleaning up any past issues (including any debts owed that show on the credit report that belong to an ex-spouse and judgements) before marriage. It is so much better to start with a clean slate and move forward.
Wiki User
∙ 16y ago
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Is your husband responsible for your medical bills if he has left you?
Possibly. If you and he were still together when the medicall bills were incurred, then they are considered joint debt, so it will be part of the property settlement.
In Rhode Island is the wife responsible for her husband's credit card if she is an authorized user of the credit card?
No, Rhode Island is not a community property state and an authorized user is not responsible for the debt incurred.
In the state of Ohio can a husband be held financially responsible for the wife's repossessed vehicle if his name is not on the loan?
No, Ohio is not a community property state, therefore debts solely incurred by one spouse are not the responsibility of the other.
When your husband passes away do you have to pay his credit card bills even if your name is not on them?
Maybe. In some community property states a surviving spouse is responsible for all the debts that were incurred during the marriage even if he or she did not hold the account.
Is a wife responsible for the debt of her husband while being married if her name is not on any of these debts in Virginia?
No, Virginia is not a community property state. Therefore spouses are solely responsible for their own debts as long as those debts are not incurred jointly.
Are you responsible for your husband's debts if you are not listed in Oklahoma?
No. Oklahoma is not a community property state.
Can a husband be held responsible for the amount owed on a repossesssed vehicle that is solely in the wife's name when she has no job or assets?
The spouse would only be responsible if the married couple live in a community property state. Community property states treat marital debt as joint regardless of which spouse incurred the debt(s); (Texas and Wisconsin attribute marital debt responsibility differently than do the other CP states).
Texas property 48 ac plus home owned by husband and wife with 6 children husband dies how is the property supposed to be divided?
Assuming no Will, if community property, then all goes to wife. If separate property, then divided between wife & kids.
What rights does a husband have to real estate and all other property in Oregon left solely to his wife by her father in an unwitnessed holographic will?
Oregon is not a community property state. The husband is not an heir of his wife's father. The husband has no rights in or to to the real estate.
Can your husband transfer a property to someone else without your consent?
That depends on details such as the laws in your jurisdiction, who owns the property and whether you live in a community property state.That depends on details such as the laws in your jurisdiction, who owns the property and whether you live in a community property state.That depends on details such as the laws in your jurisdiction, who owns the property and whether you live in a community property state.That depends on details such as the laws in your jurisdiction, who owns the property and whether you live in a community property state.
Can a wife be sued for husband's business expenses?
It depends on the form of the business and whether there is community property involved.
Does Missouri recognize tenancy by the entirety?
Texas recognizes "TENANCY BY THE ENTIRETY" only by mention in the BUSINESS ORGANIZATIONS CODE Sec. 152.052. and Sec. 252.001.However the concept is overridden by the inheritance laws / probate code and community property laws. In Texas inheritance of community property gives the spouse one half and the rest to other heirs unless it is "COMMUNITY PROPERTY WITH A RIGHT OF SURVIVORSHIP".In most states when the grantees of a deed are stated to be "Husband and Wife" a "TENANCY BY THE ENTIRETY" is created.In Texas "Husband and Wife" merely created community property.And does not necessarily do that if the grantor is one of the spouses and the deed does not declare and acknowledge the property to be community property with a notice of the effect of the document required by Texas Family Code.Utilizing both the identification of the grantees as "Husband and Wife" and declaration and acknowledgment of the property as "COMMUNITY PROPERTY WITH A RIGHT OF SURVIVORSHIP" provides the clarity needed.
