Legal Question in Credit and Debt Law in California

Re: Will I be responsible for husband's debt?

I would recommend the same thing to you I recommend to everyone who is planning to get married; enter into a prenuptial agreement. Prenups have gotten a very undeserved bad rap. A prenup is simply an agreement--your agreement--on what you and your partner intend to be the terms of your marriage. The State of California has already written a prenup for you, but you are not required to follow it, if you write your own. I have yet to meet a single person who believes that the California Family Code is in complete compliance with what they thought the rules of their marriage were to be.

Re: Will I be responsible for husband's debt?

Considering that financial stress is a big cause of divorce in this country, you might want to reconsider marriage until he clears up his debt or files bankruptcy. If you do proceed with marriage, there are a couple of tips to keep you out of trouble.

You cannot be held liable for someone else's debt unless you agree to be responsible for the debt was incurred for your benefit. Keep you bank accounts separate. Don't have any joint credit cards. Don't become an authorized user on any of his credit cards. Don't hold title to any property jointly.

If you own joint property, a judgment creditor could get a lien on his interest and that would cloud you interest as well.