Legal Question in Credit and Debt Law in California

Good afternoon Rachel,

My question is regarding a debt of about $4000. to a few different cards such as Gap and Home Depot. They have gone to collection and I would like to pay them off. However, I have been unemployed with prospects in the future. Finger crossed.

I have a couple of questions. My "boyfriend" if you will as we have been a married couple (not on paper) for 13 years with a nine year old daughter. We live in a home of which my name is not on title and his is. If we get married...does he acquire my debt? As we are not married now...can they come after him for it?

Thank you

Kirstin


Asked on 12/31/11, 2:29 pm

1 Answer from Attorneys
Tony Carballo Carballo Law Offices

You are not married. No such thing in California as common law marriage. Creditors cannot go after your boyfriend for your debts now or after you get married. However, if you do get married and there is a judgment against you then any property, including money in bank accounts, cars, real estate, etc. in which your name is on title is fair game for creditors even if the money or property actually belongs to your boyfriend, husband or anyone else.

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Answered on 12/31/11, 3:22 pm


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