Legal Question in Family Law in California

Legal Separation and debt

I am legally separated from my husband, however we live together. I don't want to get a divorce, but I'm afraid he's going to cause us to lose everything we have financially accumulated because he runs up debt everywhere he goes. My question is, if I want to keep my credit and debt in good standing, do I need to divorce him? I have been told that legal separation doesn't protect a person from this sort of damage, is that true? Also, if a divorce is necessary, during the 6 month period of waiting, am I responsible for any debt he has? In other words, if he takes out a loan now and doesn't pay on it, does the creditor have to put it on me before the divorce is final, or is it valid anyway, 2 years from now because he opened the account during our marriage? Is it up to the creditor to decide if they want to put it on the spouse and do they have access to our marital status anyway? Thank you


Asked on 12/30/04, 2:58 am

1 Answer from Attorneys
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Legal Separation and debt

In a general sense, if you are really "legally separated", the debts that each of you charge thereafter are your separate property debts. "Legal Separation" is a specific term of art that you may or may not be using correctly.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 12/30/04, 10:42 am


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