Legal Question in Credit and Debt Law in California

are my pre marriage debts a problem if I marry in california?


Asked on 11/04/12, 10:07 am

1 Answer from Attorneys

It all depends on what you do about them. If a creditor has to sue you and use judgment enforcement procedures to collect, community property will be accessible to them for collection. as will any property or assets held in joint name or joint accounts. If you pay late or don't pay, that might also impact your new spouse's credit. Also, if community assets including income during the marriage are used to pay the debts, and then you divorce, it adds a layer of complication. So an agreement up front as to whether the community will just pay things off and that's fine, or if the community pays things off you will reimburse in the event of divorce, should be in place before you pay anything off. But if you have an agreement in advance on how it will be handled, and you pay the debts the way you should, it shouldn't be any problem at all.

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Answered on 11/04/12, 11:42 am


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