Legal Question in Family Law in California

Question Regarding Marital Liabilities

I have been married a year, we have no mutual assets, we do operate a joint account. My question is twofold: 1) Is debt he incurred prior to the marraige (consumer and tax) in any way construed to be owed by me to any degree whatsoever and 2) If I were to purchase a home with a family member (not my husband), can I, and if so how would I ensure that this does not become community property?


Asked on 7/15/03, 5:51 pm

3 Answers from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Question Regarding Marital Liabilities

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Your situation is too complicated to deal with on your own. Contact an experienced Family Law attorney for specific advice and possible representation on your behalf.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 7/23/03, 7:33 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Question Regarding Marital Liabilities

Assets and debts acquired prior to the date of separation are presumed to be separate property. Assets and debts acquired during the marriage are presumed to be community property. For more specific information, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.net

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Answered on 7/15/03, 6:02 pm
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Question Regarding Marital Liabilities

Debts created by your husband before the marriage would not be community debts and you would not be liable for them. If you wish to purchase property with family members other than your husband without it being community property, you would have to buy it with property that is clearly separate property. That would be either property you acquired before the marriage, or property you received during the marriage by gift, will, intestacy, etc.

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Answered on 7/16/03, 11:46 pm


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