Legal Question in Credit and Debt Law in California

future spouses prior debts and bad credit will it affect me?

My future spouse and her ex husband are under collection for a mortgage default.The home was purchased with both of their names on the title but paid for by his wages(she was a homemaker at the time)He was later disabled in a work related accident.They cannot collect the debt from him so they are trying to collect the debt from her now that she is working. My question is if her and I get married will I be liable for her debt and will that in any way affect my excellent credit report.I recently purchased my first home with only myself as the title holder, if we're married can the home be attached in any way.The main benefit for us getting married is for myself to claim her 2 children as my dependents on my taxes.


Asked on 2/14/03, 10:09 am

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: future spouses prior debts and bad credit will it affect me?

Thank you for your posting.

The answer to your question is, generally, no. That debt was community property as to them during marriage, but was not a debt incurred after marriage, so it should not affect your credit.

Theoretically, if you make payments on the debt from your community property funds in the future, that could "transmutate" the community property through co-mingling of assets, but for a creditor to enforce this against you would take many steps that most creditors are not willing to do.

I hope that this answers your question, at least partially, but if you need more information, have other questions, or feel that you need legal representation, please feel free to contact me directly via email at [email protected]. I�m happy to help in any way that I can.

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Answered on 2/14/03, 4:06 pm


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