Legal Question in Family Law in California
I have a question. If I am legallly separated, I have filed a post nuptial in my separation that the house is my own and separate property. The title under my house is under my name as married but own separate property, meaning although I'm married this is my own separate property. We recently had a separation and it has been signed off by the judge already. All her debts, I am not responsible for. She keeps her own money and I keep my own money.
I am planning to pay off my house. Can any of her creditors go after my house?
2 Answers from Attorneys
Did you have attorney assistance with drafting the post nuptial? It would be hard to give an answer without reading the document and asking you more questions. Hopefully the attorney who drafted your agreement would be able to give you a quick answer, since they should be more familiar with the document and your situation.
For debts incurred during the marriage, yes. The order allocating the debts between you is not binding on the creditors. If it was community debt, they can still collect from either of you.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
