Debts and same sex marriage

  • Posted by a hidden member.
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    Mar 26, 2014 8:06 PM GMT

    I have two lesbian friends who are planning on getting married soon. One of them has had some financial problems and is retired. She owes about $10k on several credit cards.
    Her only income is Social Security, which they cannot touch, but her soon-to-be wife is concerned that the collectors could attach HER wages if they get married.
    The debt was created early on in their relationship...and the younger of the two is NOT currently involved with any of these credit card companies.
    QUESTION: Can they hold the younger woman responsible for debts created by her spouse BEFORE they were married?
  • MikeW

    Posts: 6061

    Mar 26, 2014 9:45 PM GMT
    Not an attorney. Why do you think the law would be different for gay marriage than straight marriage? Although the details vary per state: "In most states, your finances begin to mingle *only after you [are married] and open joint accounts together or both sign for a loan*. However, in so-called community-property states, you are both liable for any debt that either of you takes on *after marriage*. Community-property states include Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin and the territory of Puerto Rico. Alaska also allows married couples to opt in to community-property status."
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    Mar 26, 2014 10:01 PM GMT
    So many financial questions which may vary by state on what gay marriage does to the status of such things as:

    - debt
    - credit rating
    - Medicare/Medicaid amounts
    - social security disability amounts
    - prenups
    - child custody
    - custody of pet as real property

    I'm surprised what with all the gay marriage threads no one ever provided answers to these practical questions.
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    Mar 26, 2014 11:02 PM GMT
    Here is a link to some of the items mentioned above:

    https://secure.ssa.gov/poms.nsf/lnx/0200210400
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    Mar 26, 2014 11:20 PM GMT
    FriendsOnly said
    QUESTION: Can they hold the younger woman responsible for debts created by her spouse BEFORE they were married?

    They need a legal opinion from an attorney practicing law in their resident State. An initial consult is often available for free, in which a yes or no question can often be answered. A legal firm that regularly handles LGBT clients would be best (which is what we did for ourselves here in Red Florida). If further legal advice is needed then they will pay a retainer and/or additional fees as needed.

    They may also find some information from their regional Lambda Legal office:

    http://www.lambdalegal.org/about-us/contact-us

    http://www.lambdalegal.org
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    Mar 28, 2014 4:41 PM GMT
    [quote][cite]ART_DECO said[/cite]
    FriendsOnly said
    QUESTION: Can they hold the younger woman responsible for debts created by her spouse BEFORE they were married?

    Gee...contact an attorney...who'da thunk?? Wow...you're so smart... I wanna be just like you when I get old...NOT!!
  • Posted by a hidden member.
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    Mar 28, 2014 4:54 PM GMT
    FriendsOnly said
    ART_DECO said
    FriendsOnly said
    QUESTION: Can they hold the younger woman responsible for debts created by her spouse BEFORE they were married?

    Gee...contact an attorney...who'da thunk?? Wow...you're so smart... I wanna be just like you when I get old...NOT!!

    That seems a bit rude. Soliciting advice and then bashing someone for an idea, regardless of the value or obviousness, seems a bit inconsiderate.
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    Mar 28, 2014 4:56 PM GMT
    eb925guy said
    FriendsOnly said[quote][cite]ART_DECO said[/cite]
    FriendsOnly said
    QUESTION: Can they hold the younger woman responsible for debts created by her spouse BEFORE they were married?

    Gee...contact an attorney...who'da thunk?? Wow...you're so smart... I wanna be just like you when I get old...NOT!!

    That seems a bit rude. Soliciting advice and then bashing someone for an idea, regardless of the value or obviousness, seems a bit inconsiderate.


    Ms. Deco and I do NOT have a good relationship to begin with. AND suggesting that my friends contact an attorney is a bit redundant.
  • Posted by a hidden member.
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    Mar 28, 2014 4:58 PM GMT
    WTF
    for sure the OP "FriendsOnly" is very rude and should apologize to ART_DECO.


    recall FriendsOnly post:
    "Wow...you're so smart... I wanna be just like you when I get old...NOT!!"
  • Posted by a hidden member.
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    Mar 28, 2014 5:00 PM GMT
    Depends on the state they are in - California spouses are liable for the other's debts. It's a community property (= community debt) state. Contrary to what Pellaz said, the answer is likely Yes.

    Like others said, the friend with the money can only rely upon the answer of an attorney she hires in the state she or they legally reside in. The attorney might recommend a prenup. If you insist on getting your legal information off the internet, try doing some google searches rather than using realjock.

  • Posted by a hidden member.
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    Mar 29, 2014 6:07 PM GMT
    pellaz saidWTF
    for sure the OP "FriendsOnly" is very rude and should apologize to ART_DECO.
    recall FriendsOnly post:
    "Wow...you're so smart... I wanna be just like you when I get old...NOT!!"


    LOL, you are quite humorous!! There are just three chances that I would apologize to Ms. Deco.... SLIM, FAT and NONE!!
  • Posted by a hidden member.
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    Mar 29, 2014 6:41 PM GMT
    The way you carry yourself in this thread it's amazing you have any friends.
  • tj85016

    Posts: 4123

    Mar 29, 2014 9:18 PM GMT
    FriendsOnly said[quote][cite]ART_DECO said[/cite]
    FriendsOnly said
    QUESTION: Can they hold the younger woman responsible for debts created by her spouse BEFORE they were married?

    Gee...contact an attorney...who'da thunk?? Wow...you're so smart... I wanna be just like you when I get old...NOT!!


    lol, that cracked me up