Legal Question in Credit and Debt Law in California

My husband recently died. And we were only married 3 years. We were older when we got married and decided each of us would keep our own debts and money separate. We each had our own charge cards and income, and didnt want the other to be responsible if one was to pass. I have a home that i have lived in for 15 years. My question is: Can his debtors come after me for his debts. My name was not on any of his debts.


Asked on 7/22/11, 12:10 pm

3 Answers from Attorneys

Even though only married three years and keeping separate accounts, you probably accumulated some community property, because all income during the marriage except proceeds of separate property assets is community property. Any community property is now yours, but it is subject to the creditors' claims, including any community property in your accounts. Your separate property from before the marriage, however, is not subject to the creditors claims.

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Answered on 7/22/11, 12:33 pm
Tony Carballo Carballo Law Offices

While technically the answer is that your deceased husband's creditors can try to collect from you, most likely they will not sue you if do not pay because it is a complicated and expensive case and the chances of winning and collecting anything are not great. That happens when the debt is large and the surviving spouse is wealthy. That's why the wealthy protect themselves with pre-nuptial agreements and other legal devices to avoid liability. (This assumes that a probate was not filed. If a probate was filed then the creditors are given notice and must file a claim within a limited time. Then the claims are paid from the probate estate as much as possible and that is the end of it.)

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Answered on 7/23/11, 1:08 am


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