Marry into debt

My partnr has a house with an ex. If we marry can the bank chase the equity in what is currently my house to pay off the mortgage on the house he has with his ex

Comments for Marry into debt

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Nov 30, 2010
Marrying into debt
by: Mary

The mortgage your partner and his his ex owe to their mortgage lender is a legally binding contract that they entered into. It has nothing to do with you and the property you own. Therefore, if they fall behind on their mortgage, their lender cannot come after the equity you have in the property you own by yourself.

Your question does raise some issues for me however that you should consider before you marry your partner. If your partner has fallen behind on the mortgage, that fact is probably being reported in his credit histories and has significantly lowered his FICO scores. Therefore, his low FICO scores will affect your ability as a couple to obtain new credit, purchase a home and possibly even rent a place to live.

Also, if your partner has a problem managing money then once you are married that short-coming is likely to become your problem too. His money problems could put a strain on your marriage; you could be held financially responsible for debts he acquires during your marriage; it could become difficult for you to save money, and so on.

If your partner does have financial problems, I strongly suggest that you schedule an appointment with a family law attorney to educate yourself about what you can do to help protect your finances from your partner's problems once you are married. One good option is for you and your partner to negotiate a prenuptial agreement with one another. The attorney you meet with can suggest specific provisions you should consider including in the agreement. The attorney can also explain what you must do to ensure that your agreement is legally valid in your state.

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