(Closed) State laws for pre-marital debts?

posted 3 years ago in Logistics
Post # 2
2104 posts
Buzzing bee
  • Wedding: August 2014

Not legal advice, but it shouldn’t matter what state you marry in, but the state in which you reside upon your death. So, you can’t exactly forum shop where you have your wedding. 

Also, it matters whether the loan is a private loan or a federal loan.

That being said – I believe the states that this would apply to would be community property states, and that does include Arizona. You’re not going to get the type of help you need on this issue here, though, I’d go see either a financial planner or an attorney, or perhaps both. 

Post # 3
1726 posts
Bumble bee
  • Wedding: August 2015

Welcome to the Bee!

I think it sounds like you may want to talk to an attorney 

Post # 4
44 posts
  • Wedding: July 2016

Pre-maritial debt, including student loans, car loans, etc., stay only the debt of the person who signed the loan agreement when you were single.  They never become the obligation of the spouse unless he/she signs an agreement to be obligated or later cosigns on the loan after you are married.  

As someone said above, Arizona is a community property state, so any debt that either of you incurs AFTER the marriage if you live there is the obligation of BOTH of you, whether only one person signed it or not.  That is only for debt you take on after you are married.

There are nuances to all of this, but the above covers 99% of what happens.

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