Legal Question in Administrative Law in California

How to Protect Against Possible Inclusion in Lawsuit

I recently found out that my married is null and void because my supposedly wife did not get a final judgement to the dissolution of her previous marriage and she knew about it, too. During out years together, she's used my name in a lot of business transactions (being the supporting husband that I am) and ruined my credit along the way. Currently she is being sued by several persons for breach of contract amounting to hundred's of thousands of dollars. She has used me as a signatory for her company on and off (due to disagreements) and have allowed her to use my personal account for her personal use (blacklisted from opening a bank account) but abused it by forging my signature. I am now founding out that she told me a lot of lies just so I'd help her with funds transffered from her company to my accounts. I have worked with her company on and off as human resource manager with no decision making powers. My concern is how I can protect my self from being sued as an accessory to actions she has made. Everything I did for her was done based on truth which I later found were a lbunch of lies.


Asked on 11/28/07, 3:15 am

3 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: How to Protect Against Possible Inclusion in Lawsuit

Your question should be asked in a different LawGuru category, probably Family Law. You are correct that this marriage is void. However, you would be considered "putative spouses" and everyone either of you has dealt with in the external world, e.g., creditors, will be allowed to treat you as having been married.

You need to see a Family Law specialist attorney as soon as possible to consult on your next step, which will probably be to file a suit for legal nullification under Family Code sections 2201, 2210 to 2212 and 2250 to 2255. These sections are pretty easy reading and you should look them up.

A Family Law specialist with adequate experience should also be in a good position to give you basic advice on how best to shift the burden of these fraudulently-incurred debts from yourself to her. However, as a non-specialist in this area, my reading of FC sections 2251 and 2252 suggests to me that there is a strong possibility that third-party creditors can come after you for a share of the debts incurred by either of you during the putative marriage.

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Answered on 11/28/07, 11:30 am
Terry A. Nelson Nelson & Lawless

Re: How to Protect Against Possible Inclusion in Lawsuit

You don't.

You may have defenses in such suits, but there is nothing you can do to avoid them.

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Answered on 11/28/07, 12:21 pm
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: How to Protect Against Possible Inclusion in Lawsuit

As others have said, there is no way to defend from a suit. If they want to sue they can. You should contact a family law attorney ASAP.

LEGAL NOTICE: The information presented in this e-mail should not be

construed to be formal legal advice nor the formation of a lawyer/client

relationship.

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Answered on 11/28/07, 7:27 pm


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