Legal Question in Family Law in California
prenuptuals
after marriage am i responsible for any debts my spouse may have incured before our marriage? do i need a prenup to protect myself from his debts and do i need a prenup to protect my inheritance?
2 Answers from Attorneys
Re: prenuptuals
You would not be personally liable for his debts. However, if he does not have sufficient assets to pay those debts, the court may order that your wages may be used to pay his debts. Your inheritance is your separate property, and will remain your separate property unless you transmute to community property, use it for community purposes or intermingle it with community property. You should consult with an attorney to discuss your specific circumstances, and the options.
Re: prenuptuals
Generally, inheritance, gifts & seperate property are protected from community classifications. You will need a prenuptial agreement to protect all other assets from being classified as "community property".
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