Legal Question in Real Estate Law in California

My husband's business does not have enough work to support a machine payment so the machine is being repossessed. I did not sign the lease papers, but under Calif. community property am I liable for the debt? If we transfer our home into my name only can they still put a lien on it?


Asked on 8/26/09, 9:21 pm

1 Answer from Attorneys

Larry L. Doan Law Office of Larry L. Doan

It's most likely a community debt because it relates to your husband's business and thus has to do with benefiting the community or both spouses. At least that's what the creditor would argue if they sue him. Transferring a community property like these house into your name only with the debt pending like this will not help because it was transferred to avoid a creditor which the creditor could get undone. Besides, if it's a debt that both spouses are liable for, then even your own separate property would be liable.

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Answered on 8/27/09, 3:42 am


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