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Taking on his debt

#1 User is offline   jsueq1 

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I have never been married before. He has. He has a ton of debt from the past and lots of expenses with child support. Therefore, the debt is not going away in the near future. Although I am happy to do the 'what's mine is yours' as we both work to pay it off, am I liable for his debt should, as my boss used to say, 'he gets hit by a bus' the day after we're married? If so, is there a prenup that protects me from being liable for debt he acquired before we marry?

#2 User is offline   M. Giordano 

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Usually, neither person assumes the pre-marital debts of the other in most states. However, in extraordinary circumstances, premarital debts may be assumed by both parties in community property states. If you are concerned about this and want to avoid uncertainty, it would be best to have a competent local attorney prepare a pre-nup, making sure it specifically addresses these debts.

Good luck.

Michael C. Giordano, Attorney in Mechanicsburg, PA

Disclaimer: Answers are not legal advice and is never a substitute for professional advice from an attorney licensed in your jurisdiction and retained to represent you.

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