Debt Collection in a community property state

[late49er]

Hello Everyone,

Does anyone know if a pre-nupital agreement in Nevada concerning property will be legal?

My fiance has about 100k in medical bills that have arisen since her bankruptcy petition was filed. Since the debt was incurred after the petition date,(heart attack) we understand the debt is not dischargable and once we are married creditors will go after her common property.

While it is true I will not be liable for the debt it is also true that our common income, which will be about 85% of my earnings, she has a small pension and cannot work.

I assume the hospital will file a lien on my house, and 25% of our income, which amounts to about 600.00 a month. This will probably cause us to lose the house and perhaps my job.

I am reading that pre-nupital agreements seem to give us shelter in this matter but like everything there is probably something I am missing.

Any help would be appreciated.

[bladerunner]

contact lawyer referral services...I live in Vegas. Pay the $45.00 for a thirty minute consultation (some attorneys will wave that) and get the correct answers to your questions...have your questions written down and record the answers if u are able...maybe an asset protection, estate planning, family...attorney...


just some info...good luck

[frogger]

A good lawyer will be the best investment that you can make in this situation.

[Bell30656]

This is one of those situations where you really need to have a LAWYER's advice. I think I would want one that I paid to give me an opinion as well. Just in case anyone gets forgetful when the lawsuits fly.

[keepmine]

This is gonna sound pretty cold but, I'd not get married.
If she's unable to work, she should qualify for medicad.
If a lein on your house and a possible job loss is the outcome if you marry then, no use in 2 ships sinking.
Hopefully a lawyer can help you.

[RichM]

I concur on both the necessity for a lawyer, and on questioning the prudence and necessity of getting married. Is having a piece of paper from the state saying that you're "really" married important enough to justify the substantial negative consequences?

I'm not saying that it is, or that it isn't. That's your decision. Maybe for religious / personal reasons, it's very important to you to be legally married. But maybe a commitment ceremony, sans license or state sanction, would accomplish the same thing. Again, it really is an individual decision.

For me, personally, I could give a rat's ass whether the state thinks I'm married or not. That's between myself, my partner, and God. I couldn't care less whether the state approves. But for others, it matters very much, and I respect that.

Best of luck, in any case. And please call a lawyer -- a good one -- for this.

-Rich

[bk2009]

I feel like you've posted this question before.

Your fiance is on a limited income now, correct? Have her call the billing for the hospital and tell them that she's super poor and cannot afford her bill. Almost all hospitals work with low income people to either eliminate the debt in full, or to eliminate a portion.