Legal Question in Real Estate Law in California

I am 63 yrs old. I own my own home. I paid off my mortgage. I am planning to marry a man 75 yrs old. I plan on keeping the deed in my name, as my separate property. He has credit card balances in excess of $20,000. If something would happen to him and he passed away after we married. Would I be liable for his credit card debt. Could they put a lien on my home for payment or mess with my home in anyway?? Thanks for your help.


Asked on 1/08/10, 10:35 am

1 Answer from Attorneys

You would generally only be liable for debt incurred after the date of marriage. If the debt is mixed with debt from before the marriage, however, the creditors will not make that distinction unless you force them to, i.e., you go to court with them over it. In this situation, I cannot recommend strongly enough that you have a prenuptual agreement in place that is drafted after full disclosure of both parties assets and debts. If your fiancee does not have the assets to pay this debt, it also may be wise for both of you if he consults with a bankruptcy attorney before you get married as well. If that is an option, you both might benefit from him starting with a clean slate. If he does have assets that exceed the debt, then the prenup. can be used to make sure those assets go to pay the debt if he passes away.

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Answered on 1/13/10, 10:47 am


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