California | Credit and Debt Law
6/04/05, 2:51 pm
Legal Question
Spousal liability after separation before divorce
My sister has been physically, but not legally, separated from her spouse for 2 years. During that time he has incurred many debts; i.e. medical, personal, the IRS, and the California Franchise Board. Her divorce is in process and will not be final for several months. She and the children live in a house with both names on the note and her name only on the deed. An inheritance currently in probate will become hers soon. Can his creditors pursue her property and assets to pay his debts? There isn't a lien on the house yet. Which assets are safe and which are susceptible?
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