Legal Question in Family Law in California

Creditor's rights are determined at the time at which a debt is incurred. You don't state the underlying nature of the civil suits, so I will set forth some guideline rules.

A contract debt is incurred at the time a contract is made. (Fam. Code, sect. 903.) A tort debt is incurred at the time the tort occurs. (Fam. Code, sect. 903.) Child support and spousal support obligations from prior relationships are treated as debts incurred before marriage. (Fam. Code, sect. 915.) In all other cases, a debt is incurred at the time the obligation arises.

With that said, all the community property and the husband's separate property would be liable for a debt the husband incurred before marriage. You need to understand that if the soon to be husband gets married, the wife will have an interest in community property which can be attached by creditors. The wife's separate property, however, is not liable.

The exception to this rule is that community property earnings of the wife would not be liable for the husband's premarital debts, as long as those earnings are held in a depost account for which the debtor husband has no right of withdrawal, and are not commingled with other community property. (Fam. Code, sect. 911.)