Legal Question in Family Law in California
My fiance has a troubled, out-of-control 17-year old son. We've been engaged for 1-1/2 years and are tired of waiting for him to turn 18. We'd like to marry now, but I first need to know:
If he gets into legal trouble:
Will I be held liable for his actions? He does not live in our house. (I own the house)
Will my assets be attached if there are judgements against his father due to his son's actions? (His dad's retirement fund was drained to keep the kid under managed-care) I want to protect my assets for the two of us.
Would a pre-nuptial agreement protect my assets until he turns 18?
1 Answer from Attorneys
A prenup is a very good idea. If anything, it will lay out on the table any potential issues that will eventually arise between you and your fiancee. A prenup can be used to protect your house from your future wife's potential creditors as well as lay out the rules of your marriage. Without a prenup, your property could easily become community property and be subject to seizure by a creditor who has a judgment against your wife. There are some situations where your wife or even you would be financially responsible for the actions of your wife's son; some examples would include: the son is in a motor vehicle accident in a car that is registered in one or both your names, negligent entrustment, or an action committed while the son is under the control of your wife. Ironically, I have never met a single person who agreed with California law pertaining to marriage once he knew what the law actually says. A prenup can correct those issues you have with California law that you do not even know about.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
