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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 36351
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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Is there a law in the state of Georgia which protects one from

Resolved Question:

Is there a law in the state of Georgia which protects one from assuming debt and credit rating of a spouse when entering marriage and the spouse moves to Georgia from another
state. Is this part of a pre-nuptial agreement. Does debt have to be included in
a disclosure and what if a debt made prior to marriage was forgotten or left out?
Thank you
Submitted: 6 years ago.
Category: Family Law
Expert:  LawTalk replied 6 years ago.
Good morning from Savannah,

I'm sorry to hear of your dilemma.

While there is no such law on the books in GA, or elsewhere, a newly married spouse does NOT inherit the attributes of the other spouse's credit history. Credit histories are personal to the individual. The only time your spouses credit worthiness would impact on you is when you apply for joint credit---and when you have had joint credit in the past and there was a problem paying the creditor in a timely fashion.

A prenuptial agreement, to be ruled valid at a later date, generally must truthfully disclose the assets of the party for who's protection the prenup is drafted. Concomitantly, as the debts impact on the amount of equity in assets, the debts are often disclosed, as well, in a prenup---though the courts don't generally hold that the failure to disclose debt invalidates a prenup.

A new spouse NEVER automatically becomes responsible for the p[re-marital debt of the other. Both assets owned before marriage, and debts owed before marriage, remain the separate property/obligation of that person.

I wish you the best in 2011.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Thanks Again,

Doug

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