Legal Question in Legal Ethics in California

Property in a marriage is either separate property, or community property. All of the community property, plus your separate property would be liable for your debts, which were incurred before marriage. Your child support obligation is treated as a debt that was incurred before marriage. (Fam. Code, � 915 subd. (a).) The other spouses's (hers) property, that could be classified as separate property is not liable.

Community property earnings of the nondebtor spouse (her) are not liable for your premarital obligations as long as those earnings are held ina deposit account in which the debtor spouse has no right of withdrawal and those earning sare not commingled with other community property. (Fam. Code, � 911.)

You need to be very careful about commingling. Commingling occurs when you mix her separate property with community property, or your separate property, to the point where the distinction is blurred. A creditor would be allowed to reach those assets.

To be safe, I suggest a premarital agreement, that clearly identifies her separate property. I also suggest being familiar with the law regarding fraudulent transfers under the Uniform Fraudulent Transfer Act (Civ. Code, �� 3439-3439.12.)