Legal Question in Civil Litigation in California

im being counterd sued i dont have any property in my name my husband does can they go after his home


Asked on 8/03/09, 5:25 am

2 Answers from Attorneys

Larry L. Doan Law Office of Larry L. Doan

It depends on whether the debt being sued upon is considered a community debt, that is, responsible for by both husband and wife. In California, generally debts that are incurred during marriage that are "necessaries of life" for either spouse are community debts. Debts incurred prior to marriage are separate debts. You say it's "his home", but are you it's his separate property or is it community property? If the home is community property, they can always go after it after obtaining a judgment against you. If it's separate property and they go after it post-judgment, your husband could attempt to challenge it on the basis it was not a community debt if it appears that the debt was something only for your benefit (a "separate debt"). Consult an attorney.

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Answered on 8/03/09, 2:17 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Yes, please answer if you had not already, Contact me directly.

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Answered on 9/18/09, 12:44 pm


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