Legal Question in Family Law in California

Is fiance liable for 1st marraige debts?

I have been living with my boyfriend/ finace for 12 years. My ex-husband and I had debts from our marraige. We were divordedin 1992. Most of the debts were paid through the saleof our house. However he had some tax debt from his own business that we were both equally liable for even though I was not a part of his company. I have had wages garnished and tax refunds taken and I thought we were even in payments. It looks as though I still owe him 10K. He is threatening takingme to court and bringing my fiance in on the suit as well. Saying he and his new wife have paid out of their pockets. I have been trying to protect my finace from all of this, that is why we are not married. He knows about the debt, but like me, thought it was all paid. Can my ex include my fiance in a lawsuit against me for the monies owed? My fiance owns property and is fairly well off, not rich but sensible with his money and comfortable. I have already offerred a payment plan with my ex but he is threatening to still bring my fiance into this.

Thanks for your help.


Asked on 4/07/06, 12:08 am

1 Answer from Attorneys
KATHIE SIMMONS KATHIE SIMMONS

Re: Is fiance liable for 1st marraige debts?

The debt is a result of the judgment in your dissolution case. For your ex to bring in your friend/new mate he would have to move to add him as a party. There is just no way that this is going to fly. Presuming that the court does find that you owe ex $10,000 to indemnify (a fancy word for repay) him for his having paid your half of the taxes owed, he then has to collect his judgment the same way any creditor would. An attorney that handles debt collection and/or bankruptcy could evaluate whether you can become "judgment proof". This means that ex can't collect his judgment. The amount of money at stake would warrent a small investment in advice. I always try to avoid creating these situations in that you really don't want an ex spouse threatening you and your new mate years later. You should be honest with your fiance about this debt and what the possible effect it may have before you wed otherwise you may have another ex down the road.

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Answered on 4/07/06, 12:05 pm


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