Legal Question in Credit and Debt Law in California

If I marry a judgement debtor who owns a home with a levy (pending court approval) against it. Will I own 50 percent of home after marriage? And will judgement creditor be able to take my equity share?

Asked on 4/30/13, 3:00 pm

2 Answers from Attorneys

Scott Jordan Dunning Law Firm

No, you will not own 50 percent of the home after marriage. It is the debtor's separate property coming in the marriage.

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Answered on 4/30/13, 5:08 pm

Timothy McCormick Libris Solutions - Dispute Resolution Services

Mr. Jordan is right. Spouses only get half of everything acquired during the marriage with income earned during the marriage. The spouse may acquire certain other partial interests when separate property is mixed with marital assets or income, and it sometimes becomes half. But no one automatically gets half their spouse's assets just by marrying.

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Answered on 5/01/13, 2:33 am

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