February 15, 2016

Asked 2/13/2016 – Houston, TX

I live in Texas. My fiancé served time
For a felony and will be off probation later in the year. He is currently paying restitution. If we marry now will I also be responsible for his restitution assigned prior to our engagement?
Thanks

Answer

Debts incurred prior to a marriage are separate property debts, meaning you are not liable for said debt. Your fiancee will be subject to a motion to revoke his probation being filed and subsequent jail time if he does not pay the restitution prior to the expiration of his probation. Hold off on the wedding until the probation/restitution issue is resolved.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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