Legal Question in Family Law in California

I am 63 years old; have lived with my partner for many years. We decided that we should marry so that we would be eligible for each other's social security (if there is any!) when one of us passes. However, I am concerned about the fact that he owes about $10,000 of credit card debt and I, of course, do not want that obligation! Once married, does that debt become mine? Is there any way to protect myself?

Thanks!


Asked on 4/17/11, 3:10 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You wouldn't become personally liable. The problem is not so simple, however. In California, a creditor may look to community property for satisfaction of one spouse's separate, premarital debt. The best way to protect yourself is to place your earnings or money in a separate account for which your partner will not have any withdrawal rights to. This will protect the money from creditors.

Read more
Answered on 4/18/11, 1:52 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California