Frederick, MD asked in Collections and Consumer Law for Maryland

Q: Am I or my assets liable if add fiance to bank acct OR credit card, if a past Collections comes after her? Thanks.

Newly engaged and want to add fiance to bank account(s) and or credit cards of mine for access. Trust is complete from me to her...

She has a $120k debt from car accident (torn artery/needed resuscitation) 7 years back. Those bills stopped and havent been seen in longgggg time... thry dont show on her credit report either.

Also, she has 2 collections from 1 yr ago not at fault car accident we are working to resolve.

Just want to see what liability exists on me before or after marriage if add her. Thanks!

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1 Lawyer Answer
Daniel Staeven
Daniel Staeven
  • Annapolis, MD
  • Licensed in Maryland

A: The simple answer with this fact pattern is that you have liability for your cash in a bank account as it will be presumed that she owns half of the money prior to your marriage. This fact pattern is only presumed if the creditor comes after your jointly owned account.

Adding your fiance to your credit cards is not an issue as the credit cards of an individual are not used to collect against a party. This action may increase the credit score of your fiance.

After your marriage, a judgment against one party of the marriage is not a judgment against the marriage-owned assets. The legal principle here is referred to tenancy by the entireties.

Good luck to you.

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