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Old 02-09-2005, 11:43 PM
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Join Date: Feb 2005
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Safe to get married in NJ?


What is the name of your state? New Jersey

I plan to get married, but I am afraid of my fiance's credit status. She is in bad financial shape. Many of her credit card accounts have been handed over to collections agencies and she owes the IRS taxes from a few years back which is also after her. She does not have much of a salary so she can not always pay her bills on time or pay a substantial amount - at least what they are asking her for.

I, on the other hand have great credit, own two properties (one is rented out), have stock investments, 401k, and a pension, along with a decent salary to cover my costs. Some of these collections agencies that are after her are now threatening me to hold me responsible since she lives with me, telling me that by living with me, that makes her my dependent thus making me liable for her debt. I do not claim her on my taxes and I am not associated with any of her accounts; not even a bank account.

My questions are: First, can they come after me for her debts now,even though we are not yet married? Second, how about after we get married? Her name is not associated with any of my assets. And third, if we divorce in the future, is she entitled to any of my present assets I acquired before the marriage? She has not, nor ever will contribute to any of the costs of the assets or costs of living - not even food. Should I look into a pre-nup to protect my assets just in case a divorce should occur in the future? She is against a pre-nup. One of her creditors told me that if we marry out of NJ (say, Las Vegas), NJ laws won't apply. Is this true?
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Old 02-10-2005, 06:56 AM
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Join Date: May 2004
Posts: 33,493
Quote:
Originally Posted by dooh72
What is the name of your state? New Jersey

I plan to get married, but I am afraid of my fiance's credit status. She is in bad financial shape. Many of her credit card accounts have been handed over to collections agencies and she owes the IRS taxes from a few years back which is also after her. She does not have much of a salary so she can not always pay her bills on time or pay a substantial amount - at least what they are asking her for.

I, on the other hand have great credit, own two properties (one is rented out), have stock investments, 401k, and a pension, along with a decent salary to cover my costs. Some of these collections agencies that are after her are now threatening me to hold me responsible since she lives with me, telling me that by living with me, that makes her my dependent thus making me liable for her debt. I do not claim her on my taxes and I am not associated with any of her accounts; not even a bank account.

My questions are: First, can they come after me for her debts now,even though we are not yet married? Second, how about after we get married? Her name is not associated with any of my assets. And third, if we divorce in the future, is she entitled to any of my present assets I acquired before the marriage? She has not, nor ever will contribute to any of the costs of the assets or costs of living - not even food. Should I look into a pre-nup to protect my assets just in case a divorce should occur in the future? She is against a pre-nup. One of her creditors told me that if we marry out of NJ (say, Las Vegas), NJ laws won't apply. Is this true?
Ok...the creditors are full of it LOL....at least at this point. They can't hold you liable for any of her debts. You will be ok once you are married too, as long as you never comingle any assets or accounts in any way. You shouldn't even file taxes together. However its possible, that she could eventually have rights to a portion of the assets that you obtained prior to marriage, so its probably in your best interest to consult an attorney regarding a pre-nup.
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