Legal Question in Credit and Debt Law in Wisconsin

Garnishments and Marrige

I just got married and my wife has bad credit and garnishments. Can someone come after me to collect debits? Will my prenuptial agreement protect me?

Asked on 2/04/02, 6:42 pm

1 Answer from Attorneys

Thomas Schober Schober Schober & Mitchell, S.C.

Re: Garnishments and Marrige

Wisconsin is a Marital Property state. Debts incurred

in the interest of the marriage may be satisfied out

of marital assets. Pre-marital debts remain the

obligations of the spouse that incurred them, but

one-half of "marital property" may be taken to pay

such obligations. Most people are surprised to learn

that marital property includes earnings.

Properly drafted premarital agreements, coupled with

appropriate estate planning documents can protect

one spouse and properly classified assets from the

grasp of the other spouse's creditors.

I would suggest that you be sure to screen the counsel

you select to assure that such person is well versed

in Wisconsin Marital Property Law.

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Answered on 2/05/02, 10:52 am

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