Other Family Issues

questions & answers

Question: I want to get married but my fiance is concerned that his barber school lien will negatively impact me. Is there any reason to delay getting married?

Answer: Arizona Revised Statutes, Section 25-215 supplies the answer to your question.  Basically, your fiance's debts incurred before your marriage cannot affect any of your separate property.  For example:  if you own a house, a car, savings accounts, or other assets before your marriage, his premarital creditors cannot touch your property because it remains your separate property even after you marry.  Once you are married, your community property becomes liable for the debt.  For example, if you sell a house that is your separate property and purchase one together with the proceeds, the new house will be vulnerable to the debt.  Also, his portion of the community income is subject to the debt.  You can find a copy of the statute on the Arizona state legislature's website.  Go to: https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/25/00215.htm.