marrriage and pre-nuptial agreement nevada

[late49er]

Hello Everyone,

My fiance had a heart attack and has about $175,000 in medical bills she cannot pay.

In nevada,(community property state), her creditors can go after my portion of the community income, once we are married. She cannot work.

She went through a bankrupcty recently and was discharged 2 weeks after her heart attack.(The court would not allow the medical bills to be included in the bankruptcy since they were incurred after the file date.

I am hoping we can simply do a pre-nupital agreement that will keep everything seperate.

Does anyone see a problem with this?

I am hoping a pre-nuptial agreement will shield my income. If her creditors can break through the pre-nup and go after my income it will put both of us on the street.

Thanks for the help.

[treehugger1]

I would certainly not get married until I had answers.

I'm not so sure some "pre-nup" agreement would get around collection laws.

I think your query is possibly beyond the intent of this forum. It seems to me that your question is related to the general area of "family law." There might be a forum on the web that can better assist you.

[tobee43]

the only thing a pre nup will do for you is protect you from future and PAST debt.....from you newly acquired wife...however, you can draw one up to be worded for whatever it is you want...will that protect she or you from the hospital debt...nope...not really.

i suggest you go to the hospital ...claim she was indigent at the time...and see if they will write it off or lessen the bill. do NOT get married until this is settled....just a suggestion...

[shark66]

You definitely need an attorney, and one very familiar with all types of local rules and practices at that...someone who knows how to get around - if at all possible - this most unfortunate roadblock.

Wish I could've been more helpful.

Good luck.

[DebtEnder]

It is my understanding that pre marriage debts are not community debts. Only debts incurred by any one of you AFTER marriage does it become part of the community, and as such responsible for the community to pay such debts. As far as the pre-nup I'm not so sure but tbh I think in your case your in a stronger position. Now of course everything would have to stay in your name, house, car, bank accounts etc etc.

[tobee43]

It is my understanding that pre marriage debts are not community debts. Only debts incurred by any one of you AFTER marriage does it become part of the community, and as such responsible for the community to pay such debts. As far as the pre-nup I'm not so sure but tbh I think in your case your in a stronger position. Now of course everything would have to stay in your name, house, car, bank accounts etc etc.

yes, that's my "general" understanding as well....

[tcreegan]

Hi late49er,

If her creditors can break through the pre-nup and go after my income ....you know this one is coming, get a good lawyer and make sure the prenup is rock solid. And NV community property laws are not exactly straightforward, they have a number of exeptions that can keep property separate. If you go this route a good attorney is essential.

That said, it has possibilities for you, like keeping her pre-marriage debt separate from the community property. An alternative would be to get her pre-marriage debt included in the community property then you file BK.

As other posters have advised, this area has pitfalls, quicksand, and land mines....a very competent attorney is needed.

Good luck w/ this, and I hope your finance is recovering well,

Tom in Colo

[late49er]

Hello Everyone,

Thanks for the advice. I did speak with a lawyer and it appears a pre-nupital agreement will work. The downsize is that she will really not have any legal status as far as property I have, home. Imagine we can deal with that later.

It appears imperative we keep everything seperate and it will not prevent her creditors from messing with me, but it will provide a defense that is difficult to breech. I seems she will just have to put up with collectors, etc., Suspect they will mess with me also.

Quite a crazy situaton. Can`t really understand a hospital saving a person and then killing them with almost $200,000 in medical bills that unpayable. Those folks really live in a different world than middle class folks who watch every dime. Can`t really imagine that kind of money.

[Bell30656]

It ain't cheap saving a life... There's all those doctors, nurses, technicians, clerks, accountants, lawyers on the hospital payroll that need their cut. Don't forget the equipment, insurance, facility payments, etc.

[treehugger1]

It's too bad that our society puts a "price" on a human life; saving it or maintaining it.

[free2breathe]

I'm assuming she has gone through the Nevada Division of Welfare and Supportive Services and the financial assistance program through the hospital? I would definitely exhaust all medical assistance programs before marriage. I would hope there would be some sort of assistance program out there to at least lessen her responsibility to the hospital and physicians. Healthcare in our country is laughable. I'm so sorry you both have to go through this, and I hope her health is improving. Good luck to you!

[GoingDown]

I'm not religious, so I don't have the same point of view when it comes to marriage as most people, but if it was me, I would just try living together for awhile, and put legal marriage off for awhile. At this point, what is the financial incentive to get married?

Maybe it should wait?

Otherwise, you are jumping into a financial train wreck.

[Bell30656]

If you really insist upon getting married you could consider moving to a non-community property state... Just a thought.

[debee]

There's also the option of a marriage ceremony without the legal aspect. You could do everything that a legal wedding entails - make it public, in the eyes of God, among your family and friends - just don't sign anything. Wait until your would-be wife is clear to file bk again. Let her do that to clear off the medical debt and get married then.

[GoingDown]

There's also the option of a marriage ceremony without the legal aspect. You could do everything that a legal wedding entails - make it public, in the eyes of God, among your family and friends - just don't sign anything. Wait until your would-be wife is clear to file bk again. Let her do that to clear off the medical debt and get married then.

This is a good idea. Have the ceremony for your friends and family, and for your religious beliefs, and then after she has filed bankruptcy and the debts have all been discharged, then have a simple legal marriage ceremony down at the courthouse to make it official.