Legal Question in Credit and Debt Law in California

am i responsible for debt incurred by my fiancee before we are married.... after we are married. Will I be responsible for that debt (credit card debt) if my name is added to the title of his house or he wills the house to me? can they come after me for the debt?


Asked on 7/31/09, 6:15 pm

1 Answer from Attorneys

Larry L. Doan Law Office of Larry L. Doan

After marriage, you are not personally liable for a debt incurred by your husband prior to marriage. However, his house itself will still be liable for that debt (as it is currently now) even if he adds your name to the title since then it will be community property (husband-and-wife's property). If he tries to will it to you, it does not take effect until he dies so the house would still be in his name. The creditor is still entitled to collect against the house after obtaining a judgment on the debt. But, the point is that, your separate property is not liable for the debt or you personally.

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Answered on 8/01/09, 1:50 am


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