Legal Question in Family Law in California
In the state of California, is a wife responsible for her husbands PRE MARRIAGE debts?
2 Answers from Attorneys
No, not exactly. However, community property can be attached to satisfy debts acquired before the marriage. The basic principal behind enforcement of judgments is that if the judgement debtor has the legal right and power to control and use funds or assets to voluntarily pay a judgement, then the judgement creditor can go after them. There are then various exemptions and protections that apply which are rather complex. But the bottom line is that a spouse's separate property cannot be reached for the other spouse's debts, but joint accounts and any other form of community property can be targeted if the situation reaches the point of enforcing a judgment.
I agree with Mr. McCormick. There is a family code provision that protects the nondebtor's spouse's earnings if they are deposited into an account that the debtor spouse cannot access.