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Husband and Wife
Is a person liable for his wife’s debts she made before marriage?

Is a person liable for his wife’s debts she made before marriage?

Q: Is money before marriage protected?

Yes, money borrowed before marriage is typically considered separate debt and is not the responsibility of the other spouse. In Vermont, debts incurred by one spouse prior to marriage do not create liability for the other spouse unless there is a specific agreement or authorization for that debt.

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

No, you are not responsible for your spouse's debts incurred before marriage. In Vermont, a spouse is only liable for debts contracted by the other if they authorized or directed those debts. Debts from before the marriage remain the responsibility of the spouse who incurred them.

Q: Is a new spouse responsible for past debt?

A new spouse is generally not responsible for their partner's past debts incurred before their marriage. In Vermont, debts contracted by one spouse prior to marriage do not create liability for the new spouse unless they have agreed to assume that responsibility or have co-signed on the debt.

Q: How do I protect myself financially in a separation?

To protect yourself financially during a separation, keep your finances separate and maintain clear records of your income and expenses. Avoid taking on joint debts, and consider consulting with a legal professional to understand your rights and obligations regarding marital debts and property division.

Full question:

My wife borrowed some money from her ex-bf before our marriage. Now he is asking the money from me. Am I liable for my wife’s debt?

Category: Husband and Wife
Subcategory: Duty to Support
Date: 04/07/2025
State: Vermont

Answer:

No, you are not liable for the debt contracted by your wife before marriage. Moreover, you are not liable since it was contracted without your authority or direction. In Vermont, a husband is not liable for a debt contracted by his wife before marriage, unless committed by the husband's authority or direction. The liability for debts or torts of a spouse is covered in 15 V.S.A. § 69 which reads:

“ A married person shall not be liable for a debt contracted by his or her spouse before marriage, nor for the torts of his or her spouse unless committed by the person's authority or direction.”

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

Are you responsible for your spouse's debt if you are separated?

Generally, you are not responsible for your spouse's debts incurred during separation. Each spouse remains liable for their own debts unless they were jointly incurred or you have agreed to share responsibility. In Vermont, debts contracted by one spouse before marriage or during separation typically do not create liability for the other spouse unless there is a legal agreement or joint obligation involved.

Who is responsible for debt after separation?

After separation, each spouse is generally responsible for their own debts. Debts incurred during the marriage may be considered marital debt, and both parties could be liable. However, debts incurred solely by one spouse before the separation usually remain their responsibility unless otherwise agreed upon or legally determined.