Legal Question in Family Law in California

My finance owes 30,000$ to college loans n 4,000$ to the state. Curious if that will become my debt when we get married


Asked on 5/20/16, 2:25 pm

1 Answer from Attorneys

Not exactly, but you would need to take steps to protect yourself if there is any risk of his default, and income during the marriage would be subject to use to pay them off. Any money that he has a legal right to access can be reached to satisfy premarital debts. So any funds in joint accounts, for example, regardless of source, could be taken if he defaults. Also, since you each have a legal right to each other's income as community property, your income could be used to satisfy the debts, even if sequestered in an account he is not on. Likewise for any investments or other assets acquired with community income. Any pre-marriage income, accounts or assets that you keep separate after marriage, however, cannot be used to pay the debts without your consent.

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Answered on 5/20/16, 3:06 pm


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