Legal Question in Business Law in California

Wife,s Obligations

I got a second on my home and also havw a bit of credit card debt. What wife wants to do is have no responsiblility or involvement with the home ownership and say I were to pass away what could my creditors do to her in regards to collections


Asked on 7/10/04, 2:06 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Wife,s Obligations

Community property rules mean she is responsible for the debt, as is your estate. You need to talk to a wills and trusts attorney to see if she can be protected in some way.

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Answered on 7/12/04, 1:20 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Wife,s Obligations

Girst of all, if you die, your estate is primarily responsible for the debt. The house would be sold through probate (assuming you don't have a trust) and the lender would be paid and then the credit cards would be paid. Whether your wife would have any responsibility on the credit cards would depend on whether purchases were made that benefited both of you (food, clothing, etc.)

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Answered on 7/11/04, 12:55 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Wife,s Obligations

Then you must outlive your wife. Seriously, it depends on how title is held, with whose funds the house was purchased, whose funds were used to improve the real property, etc. You might want to post your message with a few more of these specifics for a family lawyer on LawGuru. If purchased with funds derived from work while you're married, the house probably is community property.

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Answered on 7/10/04, 3:19 pm


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