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  #1  
Old 10-24-2008, 08:05 PM
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Fiance liability?


Living in North Carolina, but married and divorced in New York. I am planning on getting married soon, but my fiance is concerned about debts from a previous marraige. I was a victim of identity theft( my ex ran up a lot of credit card bills, in my name, after we were divorced). This has all been reported to the credit rating companies (Experian, etc.), as well as the police. Please tell me that she's ( my fiance), not liable for any debts from my last marriage so that we can get on with a new life
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Old 10-26-2008, 10:35 AM
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Quote:
Originally Posted by getrich View Post
Living in North Carolina, but married and divorced in New York. I am planning on getting married soon, but my fiance is concerned about debts from a previous marraige. I was a victim of identity theft( my ex ran up a lot of credit card bills, in my name, after we were divorced). This has all been reported to the credit rating companies (Experian, etc.), as well as the police. Please tell me that she's ( my fiance), not liable for any debts from my last marriage so that we can get on with a new life
Do you live in a community property state? If yes, creditors may try to make her pay for your debts. In theory, debts acquired before the marriage are not subject to community property, but we all know how the real world works. The creditors will try to go after her anyways.

At the very least, you should keep seperate checking accounts, and keep assets titled in her name only.

Another thing you may consider, depending on your morals, is just living together. That way she won't be legally responsible for your debts.
  #3  
Old 10-28-2008, 12:59 AM
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You could also sign an agreement, maybe prenuptial stating that you have outstanding debt and you solely will be responsible for repayment of that debt. This would provide her protection in the event that creditors try to make her liable for the debt.
The agreement you signed with her would not be a promise to the creditors to pay, merely an agreement she could use to "get off the hook" for your debt. Your obligation for the identity theft debt will be sorted out anyways, and you should not have to pay.

Keeping separate accounts and titles in her name would be wise also.
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