Legal Question in Credit and Debt Law in California

Re: Liability of a spouse's debt that was incurred prior to marriage

Yes. In California, "[e]xcept as otherwise expressly provided by statute, the community estate is liable for a debt incurred by either spouse before or during marriage . . ., regardless of whether one or both spouses are parties to the debt or to a judgment for the debt." California Family Code section 910. That means that anything you and your new wife own as community property is subject to enforcement of any judgment against either of you.

However, separate property is generally not liable for the debts of your spouse. That means, so long as you do not transfer title into you and your spouse's names, the house will probably be protected.

You may want to discuss a prenuptual agreement with your spouse, or at least visit a family law specialist to discuss how community and separate property works. Alternatively, you can visit your local law library and read Hogoboom & King, California Practice Guide: Family Law (The Rutter Group).