Legal Question in Family Law in California
Premarriage Debt
I am in financial debt, i have only been married 2 months, is my husband responsible for my debt if something happens to me even though I acquired the debt before me were married. If I file bankruptsy is he also filed because we are married?
2 Answers from Attorneys
Re: Premarriage Debt
Community property, for example a joint checking account, can be levied against for your seperate debts, but your husband is not personally liable and his wages could not be attached. You could file for bankruptcy on your debts. If there are joint debts he would still be liable, however, with a two month marriage those are probably minimal so not a major consideration. Good Luck, Pat McCrary
Re: Premarriage Debt
The general rule is that debts incurred prior to marriage are your separate debts. If you file bankruptcy it will result in all debts in which your name appears to be discharges, AS TO YOU. Your husband would still be liable for any debts in which his name is on. These are general rules and may not apply to your particular circumstances. You should discuss these matters with an attorney.
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