Legal Question in Family Law in California

Re: responsibillity for wifes debts

In order to not be responsible for debts incurred by your wife you need a divorce or legal separation.

Re: responsibillity for wifes debts

You can do a transmutation agreement, which is very similar to a pre-nuptial agreement, post marriage ceremony. Your wife would have to sign, and should have her own attorney review the document with her. If your wife will not sign, you could sue your wife for breach of her fiduciary duties to the community of marriage. However, as her wages are your wages and her property is your property, and visa versa, a money judgment would be rather meaningless. But you would at least get a judgment saying that certain debts were acquired outside the boundaries of the community of marriage, which means you would not be personally liable for those debts. As a last resort you could file for legal separation or divorce, which I do not recommend unless your marriage has totally deteriorated.

Re: responsibillity for wifes debts

Go to the bank giving the home equity line of credit and have it stopped. Otherwise most of her debts will be community debts and you would be liable. You could give her a choice counseling regarding her compulsive spending or a divorce.