Question?????

horsegal · #1 08-28-2002, 07:09 PM

My fiance has a lot of debt right now, but with his incarceration he can't pay off anything, now when we get married will the debt collectors come after me? This debt was made prior to our marriage, and prior to his incarceration! Kraig and I was talking tonight, and he mentioned it to me, and wants me to find out. Please if anyone knows anything about this let me know!

KConnor56 · #2 08-29-2002, 09:34 AM

horsegal,

YES!!! they can & will come after you. Also if he has any child support issues they can & will come after you too.----Ken

Taxes too!!!!

Budwoman · #3 08-29-2002, 10:21 AM

HORSEGAL.....

YES, ONCE YOU MARRY CRAIG, HIS DEBT BECOMES YOURS, UNLESS YOU HAVE A PRE-NUPTIAL AGREEMENT MADE UP AND SIGNED BY EACH BEFORE YOUR MARRIAGE THAT STATES YOU ARE NOT RESPONSIBLE FOR ANY DEBT THAT HE MADE PRIOR TO HIS MARRIAGE TO YOU..

SEE AN ATTORNEY AND GET SOME GOOD LEGAL ADVISE...

DONNA

gina · #4 08-29-2002, 10:33 AM

Yes! It's true....Eddie and I were going to get married in 2001. When he got arrested we decided to put that on hold(along w/anything else we were planning-hahaha), because of the debt collector factor! I have enough financial issues w/him away, and people calling saying where is this or that payment. We didn't want to make that any thicker than it is!
I hate $!

horsegal · #5 08-29-2002, 04:25 PM

This is what I was afraid of, I had nothing to do with the debt he had made before he went in. I can't believe they could hold someone who had nothing to do with it responsible, thats BULL SHIT!! I'll have to talk to the lawyer that has to get our marriage license, and have him make us a pre nuptual agreement then. Oh man you don't know how pissed off this makes me!!!

issed:

B-Ray · #6 08-29-2002, 05:22 PM

Here in California that doesn't hold true from my personal experience's, unless both are on the contract! It can be a hassel tho, because the companies will go after anyone they think they can get away with in court, even by lying. BTDT! Appealed and won! I blow off the 60 buck filing fee instead of filing another court hearing to get the fee's back. But the companies figure those odd's in also. Most people don't get *issed off enough to appeal!!

In the first case, the judge stated in court, "that's what you get for being married", meaning the companies win before you get there!! I wasn't prepaired, the fist time through.

Another thing to note (in California) bills/contracts made during a seperation by one, the other is not responible, if the date of seperation is stated in a court filing or posted in the local news paper of the fact. BTDT too!

horsegal · #7 08-29-2002, 07:08 PM

That would be my thought too, how can I be responsible for debts that I had nothing to do with. I mean if they could go after the persons new spouse, then they could go after his parens or something too then, I mean thats about how much sence it would make. I'll just have to check on it here in Ohio. Thanks everyone for your help!

tekela · #8 02-15-2003, 11:30 PM

I just came across this post or I would have answered it long ago! The answer is no! In Ohio spouses are only responsible for debts after marriage. They then are only responsible for shared debts and bills of necessatity such as hospital bills and utility bills. You can actually sue any company who comes after you for his previous debts under the fair debt collection protection act. One exception to this is child support. They can not ask you to pay but they will take any tax refund checks if you file jointly and can lien property if you own it jointley.

**Ken** · #9 02-16-2003, 05:06 AM

I am not sure in Canada - not that it would influence this thread but I think that you are only - in marriage - responisble for the debts incurred together.

Here is a case that I am aware of in Florida.

A friend of my mother lost her husband after 40 years of marriage. They had significant debt - mortgage, utilities, everything was behind. Everything was in her husbands name, nothing was in her name.

Somehow she got all the debt written off after his death because it was all in his name. She has to continue to pay the mortgage but apparently they wrote off the bit that was behind. Now I don't understand this because she has lived in the house with this man for 40 years... But somehow she got rid of all the debt and she started with a clean slate?????

lulu · #10 02-16-2003, 11:16 AM

They took that law that is called community seriously, didn’t they,

It truly stincks.

deb · #11 02-16-2003, 01:51 PM

If they do come after you for taxes if you file jointly--you can file an injured spouse form and you can fill that out and file it right with your taxes. They cannot get you for taxes incurred or leins against his future taxes unless you let them and don't do the injured spouse form.

Deb

bookgirl · #12 02-17-2003, 06:57 PM

Here's the closest Ohio law I could find to answer your question:

§ 3103.08 Responsibility.

Neither husband nor wife, as such, is answerable for the acts of the other.

In the state where I live (NC) you do not assume someone else's debts when you marry them. I know this from personal experience. No pre-nup is required because the law protects the innocent spouse.

As far as income tax goes, if the government decides to take tax refund money to pay off a debt, you can file (as Deb mentioned) an Injured Spouse form with your taxes. They will take only the amount of the refund that would have been his; they can't touch yours. (IRS Form 8379)

If your state doesn't have an injured spouse form, they may accept the federal form for your state taxes. Of course, you won't have to worry about the tax issue until after you're married!

You can get some free legal help with this at the following website:

http://www.prairielaw.com

Be sure to post the state you are from so a lawyer with knowledge of your state's laws can help you.

Good luck!