Legal Question in Family Law in California
My wife and were married in November 2009. California is our domicile. We both maintain separate Bank Accounts. Our debts were all established before the marriage and we pay our own debts even today.
Question: If either one of us becomes unable to pay our own indebtedness; can any of our creditors seek payment from the other spouse? If yes...please advise what if any protection we might obtain.
2 Answers from Attorneys
Yes, creditors can pursue community property to collect on separate property debts. If you are simply maintaining separate accounts into which you deposit your pay checks, I have never seen anyone have a problem, but it could happen -- I haven't seen every problem. You can do a post-nuptial agreement that establishes each of your separate property which would protect you from creditors.
Greene is wrong about the separate accounts. In fact if you are depositing income from the marriage into accounts that hold assets from before the marriage, you are comingling the assets and they may all become community or quasi-community assets. Creditors can reach community assets to satisfy debts. A post-nuptual agreement by a knowledgeable family law attorney is the only thing that will provide significant protection from cross-liability, and even that is not foolproof. For better or worse means it, at least to some extent, even with the best pre or post nup.