Will my debt problems affect my new wife?

by J
(Vermillion south dakota, united states)

I owe alot of money to multiple pay day advance loan companies, both online and in the town i use to live in. Due to many unforeseen factors i have been unable to pay on any of them. I recently just got married, and had failed to mention the multiple loans etc to my new wife. I got in over my head and before i knew it it was way over what i could afford to even pay on any of the loans and pay bills. I finally told my new wife. She said she doesn't care about my credit or who i owe as long as it doesn't affect her credit score. Until it does its on me to figure out how to get into the mess i got myself into. If it does start affecting her credit score in any way then she will pay them off.

I understand her point of view. Its on me to be responsible for my carelessness. Not her fault or problem. My question is, can her credit score be affected in anyway? And can the companies call her demanding payment now that we are married or they will pursue her credit score as well? We live in south dakota.

Comments for Will my debt problems affect my new wife?

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Feb 02, 2016

by: DebtCollectionAnswers.com

To our knowledge south Dakota is not a community property state so we see no reason why she should be liable for the debts you incurred yourself. Even if this work community property state, typically only debts incurred after the marriage fall under community property. In addition, you both have individual credit reports and your debt problems from before your marriage should not affect her.

However, there are a couple of risks. The first is that she will probably get calls at some point for these debts. The federal Fair Debt Collection Practices Act does not prohibit collectors from calling spouses when trying to collect debts. In addition, if you share any joint bank accounts and these creditors get a judgement from you, they may be able to access the funds in your joint accounts, which include her own money.

For that reason, we would recommend that you at least talk with a bankruptcy attorney to find out what your options are here. You may be able to file individually without involving her, and put this behind you. And if you don't want to file it can still be helpful to find out what your rights and options are in this situation. We are not attorneys, and give legal advice. If you need help finding an attorney, you can get a a free initial evaluation with a bankruptcy attorney here.

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