if I marry someone with court ordered restitution in a criminal case am I responsible?
2 Answers from Attorneys
First, you posted to both California and Texas attorneys. I can only answer the question as to California law. If you are going to get married and live in Texas, then you need to speak to a Texas attorney. ONLY if you are going to get married and live in California does the following apply:
Contrary to Attorney McLeaish's answer (and his is probably based on Texas law), in California I would have to say that you must get a simple prenuptial agreement prepared and signed to make it absolutely clear that the debt remains his personal obligation after marriage. California is a community property state, and while that is generally discussed in the context of property, it also runs to debt. Though going into the marriage this clearly is a separate debt belonging solely to him, over time the lines get fuzzier, and you could down the road be held to be responsible for his debt, or at a minimum, his interest in your community property (home, cars, etc...) could be subjected to the debt - effectively making you liable for his debt. Best thing you can do is get a very simple prenuptial agreement making clear the fact that he is solely responsible for the debt.
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