Legal Question in Credit and Debt Law in California

Having debt and getting married

I have a lot of credit card debt that has gone into collections. The statue of limitation has not expired and it is possible that I could get sued by my creditors in the next 4yrs. My fiance also has credit card debt but the SOL on his debt has expired. When we get married, can he get sued for my debt? If yes, what precautionary steps can I take now to prevent him from being responsible for any of my debt? I reside in CA. Thank you for your help.


Asked on 6/15/06, 2:14 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Having debt and getting married

If you were married, your husband could not be sued for your debt you incurred prior to marriage. However, a judgment creditor could go after you interest in any jointly owned property. For example, a judgment creditor might be able to reach your portion of money in a joint bank account. Not having any property in your name is one way that you could avoid this type of problem, but you could be awfully vulnerable if things went bad in the marriage and all the property was in his name.

You might consider bankruptcy or trying to negotiate settlements with the creditors. If you have voluntary payment arrangements, they won't sue you. Or you can just wait until the SOL expires, which would be 4 years from the last payment you made. A voluntary repayment plan would extend the SOL.

Read more
Answered on 6/15/06, 4:52 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California