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by Mo Olivarez on October 17th, 2005

Mo Olivarez

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Is my spouse liable for any of my unpaid debt that was established before we were married?

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  • by RedJohn on November 5th, 2005

    RedJohn

    Assets that belong to a person prior to the marriage are generally considered to be their property. The same goes for debts. However, certain items, such as the matrimonial home, may be treated as joint property after the marriage.

    This situation is quite common, e.g., a person who has a car loan and is married after acquiring the loan. If the debt is secured, the security would be reclaimed by the lender if you defaulted. If the debt is not secured, the lender would try to recover their monies from different assets.

    In a scenario in which your spouse owned the residence which became the matrimonial home, that home would be considered a joint asset after your marriage (in many jurisdications). You may not be listed as owner, but it would considered be a joint asset of the marriage. If you defaulted on a debt, it may be possible for the lender to put a lien against the property. This situation could occur for any assets that are deemed to be joint assets after marriage.

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