Legal Question in Family Law in California
Community property/community debt
Married 3yrs I owned stocks, rental house and primary residence prior and still own them. I sold the primary residence after we were married (spouse never lived there) to purchase OUR primary residence. I purchased more stocks and the shares owned prior to marriage have increased in value. Spouse opened up credit card without my knowledge and is maxed out. Does spouse have right to assets I owned prior to marriage? I believe spouse house right to assets acquired after marriage and that the debt incurred--name removed--be my responsiblity too. Is this correct?
1 Answer from Attorneys
Reply: Community property/community debt
In a general sense, assets acquired prior to the date of marriage are separate property assets. If those separate property assets are maintained, comingles, managed during the marriage or paid for from wages or other earnings earned during the marriage, there mey develop a community property interest in and to those separate property assets.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
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