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SmartMoney.com
With This Debt, I Thee Wed
By Aleksandra Todorova
QUESTION: I'm getting married this summer. My fiancé has a
large amount of outstanding debt in his country of origin, France. I
want to make absolutely sure I won't assume or be responsible for
any portion of debt accrued before our marriage. Is there any way to
avoid this? Should we write a prenuptial agreement to protect me
from the banks collecting my assets?
— Anonymous

ANSWER: The good news: When one
partner enters a marriage with a hearty helping of debt, the other
isn't legally responsible for paying it off — even if he or she has
the means to do so. Since the debt was acquired completely on his
own, it "is entirely his and no one else is responsible," says Rudy
Cavazos Jr., a finance expert with nonprofit debt-management
counseling firm Money Management International. And as long as
newlyweds don't merge their finances, this will continue to be the
case. Should the marriage fail, however, the indebted spouse could
walk away with a hunk of the spouse's assets (which creditors could
then seek). The best way to prevent that from happening is, indeed,
a prenup. Divorce statistics aside, just how challenging it will be
to marry someone with a lot of debt depends, in part, on whether the
debt is in default. If that's the case — and the individual's credit
rating is damaged — the couple's future purchasing power could be
seriously affected, even once the debt has been paid off. This may
also be the case for those marrying a foreigner with no credit
history here in the United States. Purchasing something expensive,
like a home, typically requires two borrowers, so when one applicant
has a tarnished (or nonexistent) credit history, the potential for
getting credit decreases significantly, says Sharon Patchett,
president of the Consumer Credit Counseling Service of Central New
York. In extreme cases, the couple might end up buying, say, a
less-expensive home in one spouse's name only. He or she would then
be solely responsible for mortgage payments — at least as far as the
lender is concerned.
That might sound frustrating (after all, some folks have a lot of
debt and a well-paying job), but keeping one's finances separate
could be a prudent move for other reasons. That's because while a
creditor can't go after assets held solely by the nondebtor, it's a
whole different story for joint assets. The law varies from state to
state, but creditors can generally seize joint assets to pay a
premarriage debt. And even a prenup can't prevent that from
happening, says Anita Ventrelli, co-chair of the Marital Property
Committee of the American Bar Association.
But as mentioned earlier, while keeping one's assets separate will
protect the nonindebted spouse in a marriage, that may not be the
case if the marriage fails. While the laws, again, vary by state,
assets that a spouse brought into the marriage could be lost in a
divorce. For that reason, many experts recommend prenups for couples
who enter a marriage with vastly different financial profiles.
(Click here for more on prenups.) The couple can even include in the
contract each spouse's share of assets acquired during the marriage.
Then, if they get divorced, and if a creditor goes after, say, a
house purchased together, the stake of the nonindebted spouse is
protected.
Granted, some might say these precautions are severe. After all,
even if these loans are in default, it may be too pricey for
overseas creditors to chase the debtor to the U.S. But one certainly
shouldn't bank on it. Steve Rhode, president of credit-counseling
firm Myvesta, says he has seen more international collections in the
past years as attorneys and collection agencies develop better
international networks. "Because someone moves here from France
doesn't mean he won't be pursued for back debt," he says. "The
better thing is to make some arrangement to make repayments, rather
than get married and hope it doesn't resurface." Should the debt be
overwhelming, a couple should talk to a credit counselor.
Finally, it's worth mentioning that financial problems are one of
the main causes of marital trouble. Olivia Mellan, author of "Money
Harmony: Resolving Money Conflicts in Your Life and Relationships,"
has found that most couples have diametrically opposed spending
habits, and it's not uncommon that one spouse enters the marriage
with a mountain of debt. She offers one piece of advice: Share all
your money secrets, but don't share the money. |
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