Case 4. Debts of Betrothed

Titia, a widow who had promised to marry Paul, approached a confessor and asked whether she was bound to disclose to her betrothed that she was burdened with debts amounting to two hundred pounds sterling and had no means to pay them; for she feared that Paul, when he heard about the debts, would withdraw from the betrothal. Hence it is asked:

1. What obligations arise between betrothed persons from betrothal?

2. Is a betrothed woman bound to disclose defects to her betrothed?

3. Under English law, what are a husband’s obligations with regard to his wife’s debts?

4. What is to be said of the case?

1. What obligations between the betrothed arise from betrothal?

They are bound in justice to keep their engagement and to marry at the time agreed on, or within a reasonable time; they are bound to live chastely; one party may not go and live at a distance so that intercourse becomes impossible without the knowledge and consent of the other.¹

1 Manual of Moral Theology, vol. ii, 256 ff.

1 Manual of Moral Theology, vol. ii, 262.

2. Is one who is betrothed bound to make known to the other party any defect he has?

If one party labors under a secret defect which will be injurious to the other party after marriage, such secret defect should be made known to the other party. Otherwise, there will be no obligation to make it known, even though it would give the other party a right to break off the engagement if he should discover it.¹

3. Is the husband liable for the debts of his wife?

A husband is liable for debts contracted by his wife as his agent for the supply of necessaries for herself and children; he is also liable for her torts committed during the coverture. At common law a husband was also liable upon his wife’s contracts made before marriage, but by the Married Women’s Property Act, 1882, the husband “ sued jointly with his wife in respect of a cause of action arising against her before the marriage, is liable only to the extent of such assets as he received or might (but for his own default) have received with her; and if he received none, then he will have his costs of defence, and the judgment for the debt or damages will be separate against the wife, and may be satisfied out of the wife’s separate estate, if she has any.”²

2 Stephen’s Commentaries, vol. ii, 377.

4. The case. If the husband were liable for his wife’s ante-nuptial debts, Titia should make known her indebtedness to Paul before the marriage, otherwise he will suffer serious injury and probable estrangement from her. Even as English law stands at present it will be advisable for Titia to tell her future husband what he will be pretty sure to find out for himself either before or after marriage. As in the circumstances Paul would not be held liable for Titia’s debt of £200, there is the less reason why he should not be told, although she is under no strict obligation to tell him.