Legal Question in Family Law in California

Is it legal for one spouse to rack up a variety of large amounts of debt under their spouses name without their knowledge or consent in California?

Asked on 3/01/21, 5:11 pm

1 Answer from Attorneys

Timothy McCormick Law Offices of Timothy McCormick

Yes. California is a community property state. So all debts are joint, no matter whose name they are under. A married couple is essentially treated as a single legal entity for most purposes. The exception would be if one spouse engages in identity theft and tries to conduct business in the name of the other spouse alone as if it was the separate property debt of the other spouse.

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Answered on 3/01/21, 5:23 pm

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