At Ask Me Help Desk you can ask questions in any topic and have them
answered for free by our experts. To ask questions or participate in
answering them you must register for a free account. By registering you
will be able to:
Get free answers from experts in any of our 300+
topics.
I'm getting married in 6 months, however I just found out that my future husband has some debt occurring with some investment properties. There could be a possible foreclosure. Could this effect me once were married even if this happened before we got married. Lets just say that I get a house in my name after were married. Could debt collectors touch this house? Would a pre-nuptial agreement help? Please advise!!
I respectfully have a different opinion. Even if you happen to live in a community property state, his debts prior to marriage would not become yours, and would not affect your sole and separate property. After marriage I would suggest that you keep your finances separated, so that his problems don't become yours. Check your credit on a regular basis to be sure that this has not occurred.
First, yes, definitely sign a prenuptial agreement with this man.
And, no, you are not responsible for the debts that he brings INTO this marriage.
However, your house, can be attacked after 2 years in most places as it will be his property as well. That is why a prenuptial agreement is needed, to prevent this.
But I want to address another issue as well.
Has he CHANGED his habits?
You say he has bad debt, has he improved?
Because if you can’t say Yes to that question, you shouldn’t be marrying him at this time.
Because any debt that he accumulates WHILE you are married, are YOUR responsibility as well.
So, before you marry him, make sure he has CHANGED.
If he hasn’t, do not marry him. Live with him, and have him sign a cohabitation agreement.
No to both of your questions. Any assets that are strictly in your name can't be touched by any creditors your husband-to-be is in arrears with due to any transactions made solely by him before you are married. And a pre-nuptual agreement wouldn't be worth the paper it'd be written on. If you were to divorce, the house purchased in your name would still be considered a marital asset and your husband would be entitled to half if you divorced. Your husband's creditors could then go after his half after the divorce was finalized.
However, your house, can be attacked after 2 years in most places as it will be his property as well. That is why a prenuptial agreement is needed, to prevent this..
This may be a valid point. Your best bet would be to buy the house now, before you are married. That should keep it protected and avoid any hassels that may come about as a result of your name being the same as his, as sarah louise pointed out.
Linear Mode
