Legal Question in Family Law in California
Hi-
Me and my husband had our legal separation judgement recently signed off by the judge.
We separated all our assets and financial responsibilities.
My husband has his own home under his own name. I owe money to board of equalization before my marriage. If he paid off his house would they go after him?
They shouldn't right? its his own property?
2 Answers from Attorneys
No they couldn't go after him unless he retained property that you had an interest. Your debt before marriage is separate so he is not liable and his property if separate is not liable if it. Just calling it separate does not make it separate.
If the community paid for it, there is a chance you own an interest.
A creditor can attach and levy on community property to satisfy a debt existing before the marriage. While they cannot go after him, per se, they can go after any community property he is holding, and he would have to prove to a court that his property was separate.
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