Legal Question in Family Law in California
My husband's own debts
I have been married for 2 years, and
I'm thinking about divorce. My
husband behinds all credit card
payments, and his card got
repossessed. (Those accounts are all
under his name only, and some debts
incurred before marriage) Is it true
that I will be responsible for it if he
doesn't make payments?
He doesn't have a regular job. He
plays poker for living (earning is not
reported to IRS), but I have a full
time job. Will I be paying alimony to
him? By the way we don't have any
children.
1 Answer from Attorneys
Re: My husband's own debts
Generally you would owe 1/2 the debts incurred by your husband after marriage. However, if they are gambling related, then you may not owe those debts. If you file for separation or divorce, your husband's creditors cannot seize your assets or bank accounts, but if you do not file for divorce or legal separation, his creditors, once they get a judgment may go after your assets held in your name alone.
As far as alimony goes, you have 2 things in your favor, the marriage is relatively short and the court will probably attribute income to your husband, based upon his ability to earn. If you have filed and signed a joint tax return, you could run into some serious problems with the IRS. So, you need to be very careful what you disclose to the court about your husband's gambling proceeds.
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