Marriage Law

[ellabella]

Hi...I am new here. I was wondering if anyone knows where I can find out about marriage laws. I live in NY and want to know what it actually means legally when you get married. I have heard that all of your debt as a couple when you are married is your responsilbilty if you get divorced even if the credit card is in his name. Is this true? Does anyone know a good website with this type of information?

 

[sweetjettagirl04]

I don''t know specifically, however a friend of mine in Indiana is currently battling this out with her husband in a divorce battle. Basically, for them, they had a few cards in each other''s names - however both of them have to come to terms on who is paying what because both of them were using the cards. From what she told me, it''s all part of their divorce decree as far as who is responsible for what.

 

[surfgirl]

Look for a lawyer/attorney who specializes in "Matrimonial Law" or "Family Law". Or an estate planner...those types should be able to sit you down and explain it all, though you''ll have to pay for the meeting.

 

[ktdid]

I know every state is different but it should be stated in the divorce decree who is responsible for what. When I was filing for divorce I canceled all of our joint cc accounts and reopened them on my own. One problem was that my name was on his leased truck and when he stopped making payments on it and then eventually totalled it, it all came back to me. Even though we''re divorced and he was stated to be responsible for it in the decree, my name was on the lease and Toyota wanted their money. Well, now I have a huge blemish on my credit (along with a huge cell phone bill that he ran up and I couldn''t pay).
So, I would discuss your financial situation in depth before marriage-- all of it! I''m trying to pay off my debt before I get married again. I would check with a family law lawyer in your state- it would be worth the $$. Money can be a *huge* stress in marriage, especially if it''s coming from the other person''s past.
Good luck!

 

[krispi]

I can''t spead for NY, as I got divorced in GA, but I was going to second ktdid. Even though it was in the divorce papers who was reponsible for what, the thing that ulimately mattered was whose name was on the account. For instance, we had my car in joint names, but I kept it. The divorce papers specified an amount of time that I had to refinance the car in my own name so that it wouldn''t be going against his credit. The credit cards were a little easier for us - we didn''t have any that were in joint names, so we each just kept our own cards.

If you''re wanting advice on how to set things up going into a marriage, my advice would be to do what we did - have major purchases like the house and the cars in joint names. That way if anything happens to one of you, the other would be protected. These things are also a bit easier to refinance down the road if you need to get a name off the account. Set up minor debts like credit cards in either one name or the other. Again, if anything happens to the relationship, the other party will be more protected.

I''m certainly no lawyer; this is just from my experience of living through the divorce.

 

[Stephanie]

Now I am not sure about the divorce part. However, for the marriage part debts/credit scores are not combined until a joint account is entered into (checking, credit cards, loans, etc.). Credit agencies still acknowledge two seperate parties but when a joint account is agreed upon, then the scores of each separate party is considered and their values combined. For example, I have student loans that I will not be able to have paid off by the time that our wedding rolls around (hopefully won''t take more than two years from now!). We are looking to purchase a house and when we find one, all the loan documents will be in his name because my score is lower than his because of the aforementioned student loans. Once those are paid off, then all of our accounts will be joint.

Checking your credit is a good idea before you get married. I have spent months trying to fix mine because of some strange activity. It does take a while, but can be done.

 

[FrekeChild]

You'll definitely need to check with an attorney in your state. It varies widely from state to state. I'm under the impression that when both names are on the debts and marriage is entered, both people take debts out of the marriage. Does that make sense? Where as when you have a sole account holder, they remain responsible for the debt. However, even if you aren't on the account, they still might be able to come after you. But, it really varies.

 

[neatfreak]

Best answer is, it varies wildly! You need to check with your own state laws. You need a family or estate lawyer.

 

[baby monster]

Ella, do you have a library card? Ask the librarian to help you or search on your own for books on NY family law (the technical term is not "marriage law"). After you have a general idea of concepts and definitions, make an appointment to see a matrimonial attorney for a consultation. That way you''ll have specific questions for your lawyer and can get much more out of the consultation.

 

[ellabella]

Thanks for the input. My cousin is the one who is starting the process of going through a divorce but I was curious to learn all the implications when getting married since I am a LIW myself