If I acquired a debtbefore I married my husband, does that debt become his also after we are married?

UPDATED: Feb 13, 2012

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If I acquired a debtbefore I married my husband, does that debt become his also after we are married?

I acquired a child support debt 5 years ago; I pay monthly on it. My husband and I got married 3 years ago. Does that debt become his now that we are married or is it my debt?

Asked on February 13, 2012 under Family Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In CA, community property is property acquired during marriage.  This includes income and debts during marriage.  Each spouse has a one half interest in the community property.

Separate property is property acquired before marriage or after the marriage ends.  This includes income and debts before marriage and after the marriage ends.  A spouse has no claim to the other spouse's separate property.

Your child support debt was incurred before marriage and therefore it is your separate property and as separate property it is your debt; not your husband's.

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