Legal Question in Civil Litigation in California
Protecting Assets From Lawsuits Against Spouse
I have amassed sizeable assets during my unmarried life. If I marry someone in the medical profession, and she loses a lawsuit beyond her insurance coverage, can my assets be touched if they are not comingled with my spouse's?
3 Answers from Attorneys
Re: Protecting Assets From Lawsuits Against Spouse
No. The key word here is "comingled" which you used and I assume you are familiar with. Also, any income she has during the marriage is community property. So, if there were to be a judgment against her, any joint assets would be reachable. Certainly, her wages could be garnished. Joint bank accounts. Real property purchased by both of you. Make extra sure that the assets you are referring to do not have her name appear anywhere. Now, if you name her as a beneficiary, then, the creditor would only be entitled to that asset once it was actually given to your wife, not while it still belongs to you. Hope that answers your questions. I would be happy to examine the assets and provide you with an opinion for a fee. Good luck and thanks for inquiring.
Re: Protecting Assets From Lawsuits Against Spouse
nope
Assets acquired prior to marriage are your separate property and will remain your separate property absent some action on your part to contribute them to the marriage. If they are not marital assets, her creditors can't get them.
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Re: Protecting Assets From Lawsuits Against Spouse
Yes.