Spouses debt
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Spouses debt
My husband is stating he owes back money to a company he does business with.
However he has not gotten a bill yet indicating he owes. If I file for separation or
divorce before he ‘officially’ incurs this huge debt am I still liable for his debt?
Thank you
Asked on May 31, 2016 under Family Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
A spouse is liable for the other spouse's debts incurred during marriage because the debt is community property. The fact that the bill hasn't yet been received is irrelevant since the debt was incurred during marriage.
A spouse is NOT liable for the other spouse's debts incurred prior to marriage or after the marriage ends (separation with no intent to reunite or divorce) because the debt is separate property.
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.