Legal Question in Family Law in California
Unmarried Couple Separating Assets
My fiance and I are separating after 7 years together. During our relationship, we have incurred a substantial amount of credit card debit. I paid off almost all of the debt on my cards by taking out additional student loans. However, he still had debt on his credit cards, and I used my cards to absorb some of his debt. After about 4 years, it was difficult to see where his debt started and my debt ended. He went away to medical school overseas and put me as a registered user on his bank account; but not on his credit accounts. He has $28,000 in credit debt and claims that I owe him half. He claims that the charges and debt come from trips and home appliances that we purchased together, and hence, I owe him half. Is this legally correct? I did some large balance transfers from my card to his (one for $5000 and the other for $6000), but those balance transfers were funds that were originally from his account. But since I was not a registered user on his account, am I liable for those balance transfers if he contests them? Those balance transfers posted in early June (when we were still together) and now it is August, does he even have any grounds for contesting the balance transfers after the statement has already come?
1 Answer from Attorneys
Re: Unmarried Couple Separating Assets
It sounds like he doesn't have a case here. If the balance transfers were for his debt, and you can prove that, then nothing for him to say. There is no "community property" for unmarried couples. It is his debt. If he wants to sue you for breach of oral contract, he is going to have to prove that there was a contract, the amount and what was breached. It doesn't sound like much here. Make sure you do not acknowledge any of that debt or agree to pay it. If he does sue you, we would be happy to represent you. Good luck and thanks for inquiring.
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