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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 114041
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Is there some way to keep my wife from being held liable for

Resolved Question:

Is there some way to keep my wife from being held liable for my debts in California which is a community property state?
Submitted: 8 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 8 years ago.
You can do this by the establishment of a separate property regime and notifying the creditors that there is a separate property regime in place. The problem is that she could still be liable for the debts that were created while you were married BEFORE you established the separate property regime. These regimes are most effectively established at the beginning of the marriage and then all debts would be separate.


If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

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Expert:  Law Educator, Esq. replied 8 years ago.
You can do this by the establishment of a separate property regime and notifying the creditors that there is a separate property regime in place. The problem is that she could still be liable for the debts that were created while you were married BEFORE you established the separate property regime. These regimes are most effectively established at the beginning of the marriage and then all debts would be separate. You could also consider setting up an irrevocable trust which would keep all of your assets away from creditors, hers as well as yours. Both of these avenues would require you to sit with an attorney to properly draft.


If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=10285032&FID=39 or beginning your question with “For PaulMJD…”