Can my wife and I sign an agreement to have our debts and income treated separately to remove each other from the liability of one another?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can my wife and I sign an agreement to have our debts and income treated separately to remove each other from the liability of one another?

We live in a community property state and have been married 2 years.

Asked on August 11, 2012 under Family Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country, you and your wife can enter into a post nuptial agreement between the both of you to have your debts and income treated separate and apart from each other. I suggest that you have a family law attorney draft such an agreement.

You need to be aware that such an agreement is not binding upon creditors of you and your spouse concerning debts incurred during your marriage.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption