Legal Question in Credit and Debt Law in California

Re: marrying someone with debt (and who is incarcerated)

I am really not trying to be a joker with you, but why would you get married. If he is in jail, and up to his eyeballs in debt, there is very little benefit to you to get married. I know that sounds cold, but you are just buying into a real mess. I would suggest that he file bankruptcy before you get married (assuming he qualifies) to clear that off his plate, and make it a non-issue. In theory, your home will be your sole and separate property until you get married, then at that point, it would begin to take on partial character as community property. The formula for that is very complex, but yes, in theory at some point a creditor might come after his interest in your property. Doesn't matter if he lives there or not - to the extent that it might become community property, it could theoretically be attached by the creditors. Again, I'd have to ask why you are intentionally buying into his problems.

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Re: marrying someone with debt (and who is incarcerated)

The "general rule" is that all debts incurred before or during marriage are community debts, and all property acquired after marriage is presumed to be community property. The answer to your question about the debt is yes, if you get married you will become liable for his debt. The answer to the second question would turn on a number of questions, including, whether the real property was solely in your name, whetehr you can trace the funds used to purchase it to your separate property, and whether any community funds (such as wages) are used to make the mortgage payments, among ohers.