Some good news: NJ law "allows" men not to be held liable for wives' debts

Submitted by Matt on Sat, 2009-07-04 19:29

As a rider to the story from yesterday regarding marriage license fees in New Jersey being mostly paid to DV shelter funds, I noticed this: 37:2-10. Married woman's liability for debts contracted before or after marriage: "A husband shall not be liable for the debts of his wife contracted before their marriage, or contracted by her, in her own name, after their marriage, but she shall be liable to be sued separately therefor in her own name, and any property belonging to her shall be liable to satisfy such debts, in the same manner as if she were a feme sole."

"Some justice," as they say.

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Comments

What unclear language. Is that after their marriage has started or after it has ended.

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Submitted by ItsDan on Sat, 2009-07-04 22:05

Marriage license fees being used to support DV shelters for women only. Ambiguous language about a husband NOT being liable for wifey poos debts.

Here is a better idea: JUST DON'T GET MARRIED ESPECIALLY IN NEW JERSEY.

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Submitted by Luek on Sun, 2009-07-05 06:59

manonthestreet

Actually DON'T GET MARRIED ANYWHERE! I suppose the clause is better than the alternative which could have said that a man is responsible for all the wife's debts which she may have incurred before,during and after the marriage.

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Submitted by trotter on Sun, 2009-07-05 13:48

This discussion is based on something taken out of context.

From what I can tell, item 37:2-10 ("allowing" men to not be responsible for a wife's pre-marital debt) is part of MANY changes to New Jersey law. The changes were made as corrections to fix laws that were outdated and served no modern purpose. These were laws that were on the books from the 1800's, a time when a woman was 'owned' by her husband and unable to own property in her own name, vote, or be represented in a court of law.

In this time a single women could not inherit property from a deceased father. but if she were married the property would go to her husband. Before the changes, a husband would inherit her property AS WELL as her debt.

These laws were just 'sitting' on the books and were not currently being upheld.

The changes were long overdue, and fair to both genders.

http://www.lawrev.state.nj.us/title37/mwpFR112107-011309.doc (opens as a document)

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Submitted by Kris on Mon, 2009-07-06 03:44