Legal Question in Credit and Debt Law in California


if I marry someone with court ordered restitution in a criminal case am I responsible?

Asked on 5/09/09, 6:47 pm

2 Answers from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

Re: marriage


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Answered on 5/09/09, 6:54 pm

David Gibbs The Gibbs Law Firm, APC

Re: marriage

First, you posted to both California and Texas attorneys. I can only answer the question as to California law. If you are going to get married and live in Texas, then you need to speak to a Texas attorney. ONLY if you are going to get married and live in California does the following apply:

Contrary to Attorney McLeaish's answer (and his is probably based on Texas law), in California I would have to say that you must get a simple prenuptial agreement prepared and signed to make it absolutely clear that the debt remains his personal obligation after marriage. California is a community property state, and while that is generally discussed in the context of property, it also runs to debt. Though going into the marriage this clearly is a separate debt belonging solely to him, over time the lines get fuzzier, and you could down the road be held to be responsible for his debt, or at a minimum, his interest in your community property (home, cars, etc...) could be subjected to the debt - effectively making you liable for his debt. Best thing you can do is get a very simple prenuptial agreement making clear the fact that he is solely responsible for the debt.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 5/11/09, 12:16 pm

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