Legal Question in Family Law in California

marriage- partnership

I am a non US citizen woman ( have permenant residence) and planning to marry a US citizen. Currently, I am in training and my earnings are little but in few years I will have a very good earnings. Now that we are planning to marry my guy is purchasing houses. he has already lost money. Will I be responsible for his debt? how can I avoid it.


Asked on 3/24/09, 4:08 pm

2 Answers from Attorneys
Colin Greene Russakow, Greene & Tan, LLP

Re: marriage- partnership

Get a prenup.

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Answered on 3/24/09, 4:22 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: marriage- partnership

The general rule is that those debts incurred before marriage are separate property debts. Separate property debts are paid first by the debtor's income, and then from community property. Generally there must be a court order allowing the attachment of community property. If that is insufficient to pay the debt a court order for the attachment of separate property.

Also if you have a bank account with his name on it it can be attached. The bank will not determine who placed the money into the account.

You should consult with an attorney regarding the debts he is incurring and your options.

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Answered on 3/31/09, 11:35 pm


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