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Bhetti
She did make her own money, and more than his. Felt the need to correct you on that but forgive me not wanting to dwell too much on family; finances has been the constant plague of the relationship between my parents.


Doug1 PERMALINK
November 16, 2009 9:55 pm
Novaseeker–

There are no separate debts if the debts are entered into *during* marriage. Prior to marriage is a different story.

I don’t believe this is true in most US jurisdictions. It’s certainly the case that debts brought into the marriage are the separate obligation of the contracting party and doing become joint ones by marriage.

It’s also true that generally speaking, absent a prenup to the contrary, at time of filing for divorce, debts by whomever incurred during the marriage reduce the joint marital property, against assets which increase it, with the net supposedly equally divided regardless of fault but in practice divided in the wife’s favor. These feminist days. Wasn’t true much of anywhere 50 years ago. There is a concept of waste though in NY. Usually used against men of course. Classically if he’s a gambling wastrel. But can theoretically be used against women.

That’s as between the spouses. Creditors generally have a right to collect only from the debt contracting party. I.e., whose name(s) were on the loan application/agreement, or credit card application.


Doug1 PERMALINK
November 16, 2009 10:16 pm
Bhetti–

Your injunction against debt is a good first derivative, or young high quality girl and beginner’s rule, but it’s incomplete.

1) debt is always dangerous and must be carefully considered.

2) the interest rate, due date, callable due date, and payment schedule matter. A lot. Compare to sources of income. And how secure they are. And consequences of default.


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