Legal Question in Family Law in California
I was married in 2011. My husband had a lot of credit debt and thousands in back taxes before we married. He recently informed me that he stopped paying on a timeshare loan that he no longer wanted. Am I legally liable for that debt and his back taxes for which he does pay monthly? Should I get consider getting a post marital agreement made?
1 Answer from Attorneys
A post marital agreement would only be an agreement between you and your spouse. It would not affect the rights of third party creditors. Creditors seeking to collect on your husband's premarital debts may look to all of his separate property and any community property that you have to satisfy the debt. To protect yourself to some extent, you should deposit your earnings into a bank account for which he has no withdrawal rights to.
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