Am I Liable if I Marry Into Debt?

The other day a friend of mine and I were having dinner and she was discussing buying a house with her boyfriend. They’d been together for some time and were hoping to get married within the next few years.

“I’m wondering though,” she said, “if I’ll take on his debt when I marry him. ”

For the last two or three years, the number of people I know who are engaged, about to be engaged, or married has skyrocketed. This definitely corresponds with the thirties- many people hitting their thirties are (possibly) beginning to settle down and find others they want to be with for the rest of their lives. Not everyone, of course, but it’s definitely been a trend.

Which is why I was surprised that I didn’t know the answer- I felt like I’d researched this before, and the answer was no, but I couldn’t be positive. I actually forgot to look up the answer that night and then today Suze Orman just happened to bring it up on her podcast.

For anyone about to be married and wondering about it, the answer is:  NO, YOU WILL NOT LEGALLY INCUR ANY OF YOUR SPOUSE’S DEBT FROM BEFORE YOU WERE MARRIED. (Big sigh of relief!!) If your spouse incurred debt BEFORE you got married, it’s his or her debt ALONE. Of course, you can help with the debt, and some would say that once you’re married you share everything, including debt. But LEGALLY, debt incurred by one spouse before a marriage doesn’t touch the other one. No one is going to come after you for your spouse’s debt, and if they do they are JUST TRYING TO SCARE YOU. 

To avoid all the clarification questions Suze Orman (and all the finance websites I’ve been to) get all the time, I will clarify up front: the debt you’re NOT liable for includes EVERYTHING before marriage. It includes student loan debt, credit card debt, auto loan debt, tax debt, bank loans, EVERYTHING. You’re legally liable for NONE OF IT.

HOWEVER, debt incurred AFTER you get married is totally different. If you get married and your spouse suddenly gets into a lot of debt, that debt will be legally yours too IF you live in what are known as “Community Property States.”

Community-property states include Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin and the territory of Puerto Rico. Alaska also allows married couples to opt in to community-property status. Most people do not :p

If you’re NOT in any of these states, you’re in what’s known as a Common Law state. This means that in general if your spouse gets into debt, you’re not legally responsible. There are exceptions here such as if you open a joint account together and that account goes into collections (obviously, because now BOTH your names are on the account.)

Hope this solves things for any of you newly marrieds or almost-newlyweds! If any of our Canadian, UK, and other international readers would like to weigh in on the policy in your country, I’d love to learn about that (and I’m sure others would too!)

Sorry if this wasn’t the most fun topic ever, but it’s an important one as we head through the thirties. Here’s some funny photos of a flash mob I did once to lighten the mood, haha:

There were 50 of us dressed as brides and we stormed Times Square and took a lot of people by surprise.

There were 50 of us dressed as brides and we stormed Times Square and took a lot of people by surprise.

We were promoting a pretty terrible movie called "The Big Wedding." ;)

We were promoting a pretty terrible movie called “The Big Wedding.” 😉

 

Below are some links for even more details about marriage and debt:

The Simple Dollar: http://www.thesimpledollar.com/financial-infidelity-4-steps-for-healing-marriages-torn-by-finances/

Bankrate- http://www.bankrate.com/finance/debt/wife-not-married-to-spouse-s-old-debts-1.aspx#ixzz3Nzez1PNj

Nolo- http://www.nolo.com/legal-encyclopedia/debt-marriage-owe-spouse-debts-29572.html

Lifehacker- http://twocents.lifehacker.com/how-to-protect-your-credit-when-you-marry-into-debt-1576458795

 

 

 

How To Be a Third Wheel

The other day I went to a Barbecue in upstate New York. It was hosted by a close friend of mine and her boyfriend. When I got there, my friend said to me apologetically, “you’re going to meet a lot of people you don’t know.” What she didn’t mention was “you’re going to meet a lot of people you don’t know…and all of their significant others who you also don’t know.”

Once I went inside, I figured out that everyone at the BBQ was either married or engaged. And I felt very, very single. And very much like a third wheel.

This made me want to hide.

This made me want to hide away. At home. Somewhere inside my hoodie.

I didn’t realize that married and engaged couples would become the majority once I turned thirty. When I was in my twenties and would go to parties, I seem to remember a fair mix of singles and couples present. I also remember lots of alcohol being thrown down, and lots of stumbling home at 3am…or later. Was it a different world back then? After the BBQ this month, I caught the Metronorth back to Queens at the wee hour of 7pm (!)…with a nice newlywed couple who held hands as they told me the story of how they met.

To be fair, I was half of a couple for just about the entirety of my twenties…a serial monogamist from 21 to 29. And I basically saw the world of my twenties through ‘couple-eyes’ (yes, this is a thing)…which for me then meant: half of a couple = the definition of who I am.

So I didn’t totally get the whole third wheel stigma thing.

When I was part of a couple, I actually loved hanging out with single friends. I mean, it was fun to double date, but when I had a single friend hang out with me and my boyfriend at the time, I loved it just as much. All I wanted was for my friend to feel welcome and comfortable, single or not. A third wheel has this strange solo definition- they’re an extra piece- suddenly we have… a tricycle? A whole new entity. But that entity doesn’t have to be bad. I never thought it was bad before.

Of course, I very much understand the third wheel stigma- ‘couple-alone-time’ is important (as much as regular alone-time)- and a third person tagging along uninvited to a date night walk along the beach would probably not be the best. But the key word here is ‘uninvited.’ When you’re a third person invited along with a couple, you’re not a tag-along, you’re a guest. You’re a friend.

But when I first became single again, a few months ago, I didn’t feel like a guest. No matter how much a couple tried to make me feel included, I felt like I was invading their space and time. I felt like a lonely half who needed another. A missing piece. An extra part.

It took me awhile to remember how much I enjoyed hanging with single people when I was half of a couple…how much I wanted them to NOT feel like third wheels. It took me awhile to remember that they weren’t third wheels to me then…I saw them as full people- totally complete on their own. It’s weird how hard it is to see yourself the way you see others. Why would a couple be better than a single? What does that even mean?

I didn’t end up having a bad time at the barbecue. I’ll admit, I felt sad at first…wistful for coupledom. But then I started to have fun, once I settled in. I began to ask questions. I talked to my friend…and her boyfriend. I relaxed and ate barbecue. And I started to let go of looking at myself as an extra. I listened to stories… how couples met, where they lived, what they did. I enjoyed my ride home on the Metronorth with the newlyweds, who had a great first-meeting story and were both super nice. And I stopped feeling like a third wheel. And I stopped feeling alone. I didn’t feel like half a couple. I just felt like me.