# Does person getting married aquire partners liabilities?



## Troy McClure (22 Jan 2012)

I have a friend who bought a home with an Irish partner. They split up and is now with someone else. Neither are Irish Nationals in current relationship. One is an EU National. They want to get married but the other person is worried they are going to be liable for the mortgage liability their partner had bought with their ex partner under Irish law. Is this the case.??

If they got married here and didn't pay their mortgage would the bank come and chase one of them or would new partner be liable after marriage also? The are thinking of moving abroad after getting married.
I am also making the asumption the ex Irish partner will also be liable as both are on the deeds.


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## ClubMan (22 Jan 2012)

I don't know for sure but I don't think that you take on direct responsibility for a person's debts when you marry them. In this case if the spouse on the mortgage defaulted then the lender would chase them. Also the family home protection rules would probably also come into play.


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## Wipetheslate (22 Jan 2012)

Troy McClure said:


> I have a friend who bought a home with an Irish partner. They split up and is now with someone else. Neither are Irish Nationals in current relationship. One is an EU National. They want to get married but the other person is worried they are going to be liable for the mortgage liability their partner had bought with their ex partner under Irish law. Is this the case.??
> 
> If they got married here and didn't pay their mortgage would the bank come and chase one of them or would new partner be liable after marriage also? The are thinking of moving abroad after getting married.
> I am also making the asumption the ex Irish partner will also be liable as both are on the deeds.



If your friend signed for the original mortgage loan with their partner then they are on the hook if the mortgage goes into default

If your friend did'nt sign for the mortgage then he/she has no liability.

If your friend signed for the loan and marries a new partner the new partner / husband/wife has no liability at all AFAIK


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## Troy McClure (22 Jan 2012)

I think the current partner is concerned about taking on the financial baggage of their partners past life by marrying as clearly, I think, it's a case of whoever has their name on the deed/mortgage is liable but no one else. Is that a fair asumption?


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## Wipetheslate (22 Jan 2012)

Troy McClure said:


> I think the current partner is concerned about taking on the financial baggage of their partners past life by marrying as clearly, I think, it's a case of whoever has their name on the deed/mortgage is liable but no one else. Is that a fair asumption?



Yes its a fair asumption,
you marry the person not their debts.
You must also understand that your new wife/husbands past financial problems may cause both of you strife in the future if its not addressed (either by bankrupcy or settlement) you dont want a bank chasing a large debt from one of you in the future when you have a family and other commitments. Good luck.


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## Time (23 Jan 2012)

One the persons on the mortgage are liable. A spouse does not assume responsibility for the others debts. 

Even after the marriage if a spouse takes out a loan in their own name only, the other spouse is not responsible for it. It is only debts in the joint name they can be made liable for. Many solicitors don't even know this often insisting that one spouse pay the debts of the other.


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## Bronte (23 Jan 2012)

Time said:


> for. Many solicitors don't even know this often insisting that one spouse pay the debts of the other.


 
And also banks try and put pressure on spouses who are not liable by hinting that they are liable and confusing people. 

The new person is not liable for the debts of the other, married or not.  

As others have stated it would be prudent that the person getting married sorts out the debt.  Here is how it could affect the new married couple.  Say they buy a house, and it's 5 years down the line and there is equity in the house, the original bank could go after one half of that equity etc.  This will cause friction in the marriage be assured of that.


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## kbougher (4 Feb 2012)

*Marriage: When Do I Owe My Spouse's Debts?*

*Whether you are liable for your spouse's debts depends on whether you live in a community property or common law property state.*
*An excerpt from Nolo's book:*
  Whether you and your spouse are liable for each others debts  depends mostly on where you live. In the handful of states with  "community property" rules, most debts incurred by one spouse during the  marriage are owed by both spouses. But in states that follow "common  law" property rules, debts incurred by one spouse are usually that  spouse's debts alone, unless the debt was for a family necessity, such  as food or shelter for the family or tuition for the kids. (These are  general rules; some states have subtle variations in how they treat  joint and separate debts.)
 These rules also apply to same-sex  marriages in the states that allow them (Connecticut, Iowa,  Massachusetts, New Hampshire, and Vermont) and to same-sex domestic  partnerships and civil unions in states where those relationships are  the equivalent of marriage (California, Connecticut, Nevada, New  Hampshire, New Jersey, Oregon, and Washington State), but not in states  where the relationship does not confer all the rights of marriage  (District of Columbia, Hawaii, Maine, and Wisconsin).
*Community Property States*

 The  community property states are Arizona, California, Idaho, Louisiana,  Nevada, New Mexico, Texas, Washington, and Wisconsin. (In Alaska,  spouses can sign an agreement making their assets community property,  but few people choose to do this.)


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## Time (4 Feb 2012)

This is an Irish site so US laws will not apply.


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