Legal Question in Credit and Debt Law in California

If you marry a person with prior debts ( in collection) and do not co-mingle any funds or file joint tax returns as a married couple does the spouse without the debts become liable for those outstanding debts from the souse who incurred them prior to the marriage?


Asked on 8/27/11, 11:08 am

1 Answer from Attorneys

No, but any community property acquired during the marriage, including community property income, can be reached in many cases. It is possible to structure a prenup to shelter the "innocent" spouse's finances, but it should be professionally prepared and must be scrupulously followed.

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Answered on 8/28/11, 12:14 pm


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