Legal Question in Credit and Debt Law in California
I recently got engaged but I think a team of lawyers may be filing a financial judgement against me in a few months as they believe they can come to me to recover costs of a lawsuit they won against my daughter (a minor). I feel I will win this case but want to be sure my new husband would not be financially responsible or at risk in anyway if they do prevail. Could they go after his money as my new husband?
2 Answers from Attorneys
Only if you co-mingle your money with his.
Congratulations on your impending nuptials. Let's take this from the top. Once upon a time there was a case against your minor daughter, the case is over, and she lost. Your first move should be to try to prevent the entry of an award of costs. You may have only a few days to respond to a Memorandum of Costs or a Motion to Tax Costs. "Feeling you will win" is not the same as having an attorney working on the problem. If you don't have an attorney, consult one immediately because an unchallenged Memorandum of Costs can become a judgment against you automatically, and the amounts claimed can be large.
Subsequent to your marriage, any property either of you acquires (such as either of your wages) is community property and is available to creditors. Your spouse's separate property, if any, is not available to the creditors. An attorney can advise you (him) on ways to keep his separate property separate and unavailable to your creditors.
Depending on your overall financial situation, you could theoretically file for bankruptcy and wipe out this and most other debts before you marry. If the amount of the potential debt for costs is significant, or you have other significant debts, consult an attorney about filing for bankruptcy.