Legal Question in Credit and Debt Law in California
I have a judgment against me. I am considering getting married soon. I have no joint bank accounts. How can I protect my potential spouse from collections?
1 Answer from Attorneys
For starters you need to have no joint accounts and own no assets jointly, such as investments, vehicles, a home, etc. That may, however, not be enough. All community property can be reached to satisfy a judgement against one spouse. So her earnings during the marriage could potentially be reached if they are used to acquire any assets that could be claimed as community property in a divorce. So until you satisfy the judgment you are going to need to make sure not only to segregate her income, but also any assets acquired with them. If you are unable to satisfy the judgement at this time, i.e., paying it would take more money/assets than you have, you may be legally insolvent. In that case your best course of action may be to clear it via bankruptcy before the wedding and start with a clean slate. If you do have assets to pay all or some of the judgment, it may be best to try to negotiate a pay-off and get a clean slate that way. Money is one of the top causes of divorce. So if you can start without that judgment, it would probably be more than worth it.