Legal Question in Family Law in California
Pre-marital debt
My husband has a promissory note owing his parents over $115,000, which he made with them prior to our marriage of 12 years. He still owes them $100,000 after monthly payments of $850 throughout our marriage. We have other debts amounting to about $65,000 plus owe the IRS $10,000, (which will probably increase another $10,000 for this year). I have not worked in lieu of raising our children. Now I am faced with half of these debts and no real assets. The note payment severely hindered our ability to pay monthly debts - a major contributing factor to our debt load. Consequently, do I have any recourse to reduce my share of total debts by incorporating these $850/mo payments over 12 years of marriage?
2 Answers from Attorneys
Reply: Pre-marital debt
You can make the claim that the debt to his parents is his separate property debt, and that during the marriage he used community property funds to pay his separate property debt. You can seek a credit for reimbursement for your half of those payments.
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 family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Pre-marital debt
This debt appears to be none of your concern -- i.e., pre-marital. I would need to see your papers. Contact me for a consultation.
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