I often receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:
QUESTION: Will my new spouse be liable for my financial problems? My domestic partner and myself are thinking about getting married after 9 years living together. Over the past 25 years or so I have not filed tax returns either with the IRS or State of California and have accumulated somewhat of a liability issue for myself, as well as having back child support arrears accumulating for the past 30 years. My wife-to-be hopefully has been more responsible than myself with her life and owns her own home as well as accumulated some financial assets for herself. Is she going to be responsible for my past financial mistakes.
ANSWER: Your wife-to-be won't be held responsible for your premarital debts, but any community property of you and your wife-to-be could be held responsible for those debts, and special care must be taken to segregate her income in a sole account under her name to which you have no rights or access, to prevent it from being vulnerable to collection of those debts.
Family Code Section 910 provides in relevant part that the community estate is liable for debts incurred by either party before (and during) marriage.
Family Code Section 911 provides in relevant part that the earnings of a married person during marriage are not liable for a debt incurred by the person's spouse before marriage, and that those earnings remain not liable so long as they are held in a deposit account in which the person's spouse has no right of withdrawal and are not commingled with other property in the community estate.
Among other things that would be appropriate to protect your wife-to-be from your premarital debts, your wife-to-be should have her own account in her sole name for the deposit of her earnings, you should have no right of access to that account, and nothing but her earnings should go into that account.
Additionally, any and all separate property owned by your wife-to-be should remain in her sole name.
You and your wife-to-be should timely enter a into well-drafted Prenuptial Agreement prepared by an experienced Family Law Attorney which provides, among other things, that there shall be no community property, and that any property and/or assets that are acquired during the marriage shall be and remain her sole and separate property, and that you would not acquire any right, interest, reimbursement right or credit for any contribution that you may make, whether in money, skill or labor to such property and/or assets.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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