Legal Question in Family Law in California

innocent spouse ruling in divorce re: debt

This is not a tax relief question but rather can my spouse be made responsible for incurring a debt funded by a 2nd mortgage on our house if it was approached in the manner of me being the innocent spouse? We acquired the loan 5 years ago to fund a start up business the he wanted. He said it should only cost $80k-$100k but turned out to be about $300k. If he told me it would cost that much I would definitely not agree to it. I told him that the numbers wasn't there to support the cost but he wanted to do it anyway. It was a very risky investment & he said not to worry that we'll be fine. If the worst became true on this that he'd take care of it obviously because he's the sole wage earner. Now that business is literally gone so there is nothing left of it to sell (another part to the investment).


Asked on 5/29/09, 3:34 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: innocent spouse ruling in divorce re: debt

There is no innocent spouse rule on community debts. Unless you have writings for your agreement you are very unlikely to prevail on any theory, but you better get an attorney to give you advice on this issues as well as others. The factor could very well affect the issue of spousal support. Good Luck, Pat McCrary

Read more
Answered on 5/30/09, 10:56 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California