My fiancee was hospitalized with a heart attack in 2013. The VA refuses to pay this $85,000 claim because the hospital did not file within 90 days, even though they had the billing information. Now it has gone to collections. When we get married will I be liable for this bill? What do we need to take into consideration?
Your marriage will not create joint liability for the debt. You will need to consider the way in which you operate checking accounts, purchase items, and title property. It would be a good idea to speak with an attorney regarding asset protection should the debt ever be pursued and a judgment obtained against your wife.
Responses provided represent entirely un-researched, casual opinions and cannot be relied upon in any way or manner as legal advice. No communication here is intended to establish an attorney-client relationship. If you found this response helpful and seek further assistance, please feel free to contact our office to schedule a formal consultation.
Unless you signed the admission papers, or explicitly signed some sort of guarantee, you have no liability. Marrying a person does not create joint liability for pre-existing debts. One spouse is not automatically liable for debts incurred by the other spouse.
Posting questions anonymously and receiving general answers do not substitute for consulting with an attorney licensed to practice in the jurisdiction in which you live. Answers posted here by Kevin C Gleason are only intended for general education of the public on legal matters. Please consult a qualified professional before deciding what to do about your situation.
Unless you contractually became liable by signing admission responsibility forms, you are not liable for your fiance. Even if you get married that does not make you responsible for her debts. She probably should consult a local attorney to file for bankruptcy herself.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline