Legal Question in Family Law in California
My past debt that was incurred in a previous marriage is ruining my present marriage. Is it possible for me to divorce and then take care of the debt on my own (probably through bankruptcy) or will my new husband's income be included as my community property? If so, how long do I have to be divorced before my income is separate from his. We don't have a house or really anything else to sort between the two of us so the divorce should be easy.
2 Answers from Attorneys
The income is only community property until you separate. You don't even have to be divorced. HOWEVER, the separation must be without intent to reconcile. So you must physically separate residences and then stay apart long enough after a divorce is final (which takes a minimum of six months in and of itself) that they don't catch on that it was a ruse. Are you aware that you can file for bankruptcy separately from your husband? Have you talked to a qualified bankruptcy attorney about that option?
Your income becomes separate when you physically separate with the intent not to get back together.
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