rottdog76 asked:
My fiance has a debt collector coming after her pretty aggressively and in not the most ethical way (in CA). She has a car (still paying on it) and no other assets. I own a house with more equity than here debt. Can her debt collector come after my assets once we are married?
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My fiance has a debt collector coming after her pretty aggressively and in not the most ethical way (in CA). She has a car (still paying on it) and no other assets. I own a house with more equity than here debt. Can her debt collector come after my assets once we are married?
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Tags: Assets, Debt Collector, Spouse Debt
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Yes. Once your married, your assets and liabilities are now one. Make a plan to pay this debt off once your married, you get the entire package when you marry her, not just the good parts. Also, don’t you dare hold this against her once your married, no comments like, well we would have more money if it weren’t for…. You know what your getting into. I have been married 23 years, we have never fought about money – in fact, we don’t fight at all. Good luck and congratulations.
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Yep.
I don’t know the legal mumbo jumbo about it but if you share it, you could loose it.
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No. Debt collectors make a commission all the debts they can collect. If they were able to get a judgment they would have by now. Even if you marry this gal, your assets would not be considered hers.
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Absolutely not! Premarital assets would not be subject to seizure. Also a unsecured debt does not allow for the seizure of property to satisfy such debt. If she had taken a loan for a car, house,etc the lending agent may reposes such items for auction to satisfy an unpaid loan, but any agency other than the IRS is not lawfully authorised to seize property. The court systems will tell you that they can render a verdict but they are not a collection agency also. In some instances an insurance agency that insured an item such as a car or house that had been damaged by the defendant(your girl friend) may be granted a garnishment against her wages but that in no way grants authority to seize property of any kind. You also have the right to demand that a collection agency stop contacting you directly and deal with the matter through the judicial system. Should you marry your girlfriend and she did owe the IRS, simply do not put her name on any deed or title to any property that you owned before the marriage. Just because you get married that does not make any property you own joint property. Such as the instance that a person marries and then passes away. If he or she owned a house the surviving spouse does not automatically own the house. My wives father owned a home in San Francisco. He died and the new wife still lives in the home. However upon her death the house is to be sold and ALL monies acquired from the sale is to be divided among HIS children. So to answer your question,NO they cannot seize any of your property.