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FAMILY LAW & IMMIGRATION  >> Marriage & Living Together >> Prenuptial Agreements
 

Should I refuse to marry my fiscally challenged fiancé?


QUESTION:

If I were to marry my fiancé and he owes the government money, can they put a lien on my house? Will any of his debts affect my property or assets?

ANSWER:

If your fiancé owes money before you marry, those debts will for the most part remain his responsibility. If you live in a community property state, however, there s an important exception. Creditors can go after your community property -- that is, most of the property that either of you earn or acquire during your marriage -- to collect your spouse s premarital debts. You d then have to ask your fiancé to reimburse you for your portion of that property.

Fortunately, there s an easier way to handle the issue of your beloved s debts no matter what state you live in. Before you get married, the two of you can create a prenuptial agreement making it clear that your house -- and anything else you want to protect, including what you earn during your marriage -- is your separate property. This means that neither the government nor any other creditor can touch it to cover your fiancé s premarital debts.

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