Legal Question in Credit and Debt Law in California

live in california, have good credit I want to marry man with bad credit and charge offs. I own my own home and will keep financial items seperate. Are his credit card companies able to sue me for his financial mishaps before marriage. I have kids and want security .


Asked on 8/17/09, 12:30 pm

1 Answer from Attorneys

Larry L. Doan Law Office of Larry L. Doan

Your separate property is not liable for his premarital debts. However, community property owned by the two of you after marriage is liable for his debts. So, for example, if you buy a car or house together, that could be seized to pay off his debts if he is sued by the credit card companies, assuming there is enough equity in the particular property beyond the amount exempted for that type of property under CA law. Your earnings would fall into this category as they are community property unless they're kept in a separate deposit account he has no access to and that is not commingled with other community property. If your separate property is seized when there is community property available (that was not seized), you are entitled to reimbursement later from the community property.

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Answered on 8/17/09, 10:31 pm


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