Does debt accrued before and during marriage get transferred to spouse?

My boyfriend and I are talking about getting married. However, he is in a lot of debt from student loans, etc. and owes over $100,000. And if he decides to go back to school, he will be in even more debt.

If we are married, can they legally go after me if he doesn't pay his debt? What about if we divorce (are they allowed to give me half the debt if he accumulates it during our married life?)

I know each state may have different laws... We are residents of California. We plan on getting married in Nevada and possibly moving there.

3 Answers

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  • 7 years ago
    Favorite Answer

    California and Nevada are two of the only eight states that have community property laws; I believe the Nevada and California laws are the same.

    In California, any property accrued after the marriage--and that includes debt--becomes community property. So if he borrows more money after you are married, you are both responsible for that portion.

    These are the things that are excluded from community property: any property owned before a couple was married, any property inherited or received as a gift during the marriage by either party, proceeds from the rent or sale of separate property, items and money earned while legally or physically separated from the spouse and any items conveyed from one spouse to the other with the intention of designating it as separate property.

  • 7 years ago

    Sign a pre-nup relating to the debt to prevent any issues regarding it in the future.

  • Anonymous
    7 years ago

    yes

    the two of you become one once you're legally married. your problems will become eachothers.

    or you can do what jaymes_07 says. but that might ruin your relationship.

    Source(s): worked in a bank for 26 years
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