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I would like to know the law on liability on the spouses for other spouse’s debts.

I would like to know the law on liability on the spouses for other spouse’s debts.

Q: Am I responsible for my spouse's debt incurred before marriage?

In Maine, you are not responsible for your spouse's debts that were incurred before the marriage. Each spouse is generally only liable for their own debts unless they jointly agree to take on certain obligations after marriage.

Q: Can I be forced to pay my spouse's debt?

In Maine, you cannot be forced to pay your spouse's debts incurred before marriage. However, if you co-sign a loan or agree to share responsibility for a debt after marriage, you may be liable for that specific debt.

Q: Is a new spouse responsible for past debt?

No, a new spouse is not responsible for the past debts of their partner in Maine. Each spouse retains liability for their own debts unless they have jointly agreed to incur new debts together.

Q: Am I responsible for my spouse's debt before marriage?

No, in Maine, you are not responsible for your spouse's debts that were incurred before the marriage. Each spouse is liable only for their own debts unless they choose to take on joint liabilities.

Q: Can you get married without taking on your spouse's debt?

Yes, you can get married in Maine without taking on your spouse's debts. Each person remains responsible for their own debts incurred before and during the marriage unless they agree to share that responsibility.

Full question:

I live in Maine. I am getting married in a couple of months. My fiancé has many debts. Shall I be liable for his debts after marriage? What is the law on this?

Category: Marriage
Date: 04/07/2025
State: Maine

Answer:

In Maine, a person is not liable for the debts of the spouse which is contracted before marriage or for the debts contracted in the spouse's own name for any lawful purposes.
This is provided in 19-A M.R.S. § 804 that states no liability for spouse's debts or torts. It reads:

“1.Liability for debts or torts.
A married person is not liable for the debts of that person's spouse contracted before marriage nor for those contracted in the spouse's own name for any lawful purpose. A married person is not liable for that person's spouse's torts in which that person takes no part.
***”

Therefore, per the laws in Maine you will not be liable for your fiancé’s debts contracted before marriage or for a lawful purpose.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How long is common law marriage in Maine?

Maine does not recognize common law marriage. Couples in Maine must obtain a marriage license and have a formal ceremony to be legally married. Therefore, there is no duration for common law marriage in the state.