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  #1  
Old 12-07-2002, 11:00 AM
superjan
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Marriage and debts


What is the name of your state? I live in Florida.
I have been living with a domestic patner for the last 3 years. We would like to get married but have been holding off because we do not know if there could be future financial consequences for it. We are both in our 50's. He has a loan he took out 10 yrs ago he is still paying off. I have debts from severasl years ago I am paying off. If we were to marry and one of us were to die would the other be liable for any debt the deceased accrued before the marriage? I know any combined debts after the marriage would be passed along- but we are concerned about debts prior to the marraige that we already have. Thank you- Jan
  #2  
Old 12-07-2002, 11:25 AM
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Re: Marriage and debts


Quote:
Originally posted by superjan
What is the name of your state? I live in Florida.
I have been living with a domestic patner for the last 3 years. We would like to get married but have been holding off because we do not know if there could be future financial consequences for it. We are both in our 50's. He has a loan he took out 10 yrs ago he is still paying off. I have debts from severasl years ago I am paying off. If we were to marry and one of us were to die would the other be liable for any debt the deceased accrued before the marriage? I know any combined debts after the marriage would be passed along- but we are concerned about debts prior to the marraige that we already have. Thank you- Jan

My response:

Florida is a "separate property" State. All debts incurred separately, and prior to marriage, will remain each of your separate responsibility. As a matter of fact, and since it is a separate property State, all debts that you incur, on your own, and only in your name, AFTER marriage will remain your separate liability - - even after death.

So, just to make sure, when making payments on your prior debts, use a separate checking account under your own name.

IAAL
  #3  
Old 12-09-2002, 03:01 AM
ka_biss
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Debts and Spoual Responsibility


If a spouse takes up a loan for a mortgage for a new business-related property only in his name, is the other spouse responsible or liable for payment of the loan (TEXAS)
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