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When a couple gets married. Is the new partner required to pay off debt owed by the other if that person was to die?

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Marraige is legal binding contract.

You will get the death benefit

so you have to pay debt as well.

Don't trouble trouble til trouble troubles you.

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You did not give us many facts, but in general ... NO, you do not have to pay off your spouses debts upon their death if they are not also your debts too (i.e. if they are NOT joint debts). If he incurs debts on his own (or did before marriage) ... say for boat, car, truck and house ... and you marry him, you do not owe for those debts normally. However, if you co-singed with him on any debt (before OR after marriage), then you become liable with him for those debts. Ordinarily, upon a persons death, their debts only get paid off of of their assets at death ("estate") ... and ordinarly nobody else has to pay off their debts if their "estate" is not worth enough to pay off their debts. However, that does not mean that you would not have to pay off the remaining debt on a JOINTLY OWNED asset where you signed as co-borrower with the spouse (his death would not wipe out your liability, it only wipes out the decedant's liability on the joint assets). There could be some unique exceptions to the above, so if you are really concerned about this, you should see an attorney who does wills and estate planning who could not only advise you, but might be able to help you arrange debts and titles to properties in a way to minimize any exposure you are concerned about. ROB rob

ROBonYEDDA@YAHOOl.com Wisdom comes from Study, Travel & Life experiences! MY YEDDA CONCEPT IS: Good questions deserve good answers; Poor ones deserve a quick/poor answer. Dumb or silly, deserves same ... and the occasional but inevitable Idiots are best just ignored.

ps... not to be antagonistic, but what Dee said is totally off base.

The marriage contract is NOT the contract in issue ... the contract in issue will be the one that goes with the debt incurred and whether you were a party to that contract.  Sorry Dee.

Rob

ROBonYEDDA@YAHOOl.com Wisdom comes from Study, Travel & Life experiences! MY YEDDA CONCEPT IS: Good questions deserve good answers; Poor ones deserve a quick/poor answer. Dumb or silly, deserves same ... and the occasional but inevitable Idiots are best just ignored.

If your name was not on the debt.... ex: the debt is on a credit card one spouse had before the marriage, and the other spouses name was never added on; then you do not owe on it.  You can only be held responsible for debt that your name is on.

 

NOW...keep in mind that "what he/she owns must stand good for what he/she owes".  If he has assets, they may have to be sold to cover his/her debts.  If you jointly own a house, and that was his/her only asset (no investment or retirement accounts, life insurance, etc) the house may have to be sold to cover the debts.

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