My husband's business does not have enough work to support a machine payment so the machine is being repossessed. I did not sign the lease papers, but under Calif. community property am I liable for the debt? If we transfer our home into my name only can they still put a lien on it?
|
Read More Answered By: Larry L. Doan |
It's most likely a community debt because it relates to your husband's business and thus has to do with benefiting the community or both spouses. At least that's what the creditor would argue if they sue him. Transferring a community property like these house into your name only with the debt pending like this will not help because it was transferred to avoid a creditor which the creditor could get undone. Besides, if it's a debt that both spouses are liable for, then even your own separate property would be liable.
https://www.lawguru.com/cgi/bbs/attyPages/liem.html
Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on LawGuru which has been screened. If follow-up advice on your specific situation is desired, we offer a paid consultation in person if you are in the Los Angeles area, or by phone or email.
|
Huntington Beach, CA
Questions Answered: 13885
Last Question Aswered on: 2012-05-25
Tomales, CA
Questions Answered: 12213
Last Question Aswered on: 2012-05-26
Walnut Creek, CA
Questions Answered: 10416
Last Question Aswered on: 2012-05-26
San Jose, CA
Questions Answered: 6614
Last Question Aswered on: 2012-05-18
Union City, CA
Questions Answered: 6114
Last Question Aswered on: 2012-05-15
Tarzana, CA
Questions Answered: 5434
Last Question Aswered on: 2012-05-16
San Clemente, CA
Questions Answered: 2089
Last Question Aswered on: 2012-05-07
San Diego And Las Vegas, CA
Questions Answered: 2000
Last Question Aswered on: 2012-05-18
Orange, CA
Questions Answered: 1596
Last Question Aswered on: 2012-02-27
Ontario, CA
Questions Answered: 1584
Last Question Aswered on: 2010-12-04
► Deed forms to convey property From husband and wife to husband
► My aunt owes me $7000. i went to small claims court. the judge found in my favor. i...
► Board Pres. of non prof. mut. ben. corp. resigns. One yr. later he dissolves the...
► I have two uncles that share a home. They are brothers and both their names are on...
► Do the California anti-deficiency laws apply equally to commercial property, wherein...
► Bank sold house at auction during loan modification process
► We live in Texas. We plan to be married. Will real estate one person bought in...
More Real Estate and Real Property questions and answers in California| Bill of Sale | Living Will |
| Contracts | Notices |
| Divorce | Power of Attorney |
| Employment | Quitclaim Deeds |
| Landlord & Tenant | Real Estate |
| Leases & Rentals | Sales and Purchases |
| Letters | Wills |
| Living Trusts | More... |
© WebsiteBroker, Inc.
LawGuru.com | Advertise on LawGuru | Affiliate Program | Privacy | About Us | Press
