I am getting married next month. I have some old debts not yet SOL that are in collections ( 1 is a huge amount and worries me). The question is this. When I get married does the spouse assume this debt. Can they come after her? Or since it was acquired before hand is it my sole repsonsibility. Can they come after her assets if sued? Thanks.
They cannot come after "her" directly, they can "contact and speak with her regarding the debt (under the FDCPA). But, unfortunately, if legal action is pursued, they can come after what becomes "community property". For instance, if you open "joint bank accounts", and your fiancee happens to have a good amount in them, then they can come after the community assets. As some straight marriage advice, you're better off telling her now, you do not want to start off a marriage with any "secrets". I do not think you want to find yourself at a point of say, looking at houses, and then having to tell her about your credit reports. Finances are a key issue in a marriage, and one that is often ignored in discussions. Talk to her about this, regardless of your actions with the debt. You'll be glad you did.
Generally, no, anything aquired or placed into debt is considered "separate property" prior to solemnization. Now, in most jurisdictions, if said acquistion is improved through joint effort or if said debt is enlarged to improve/sustain the basic essentials of the marriage; i.e., medical care, clothing, food, etc., the status may change.
