My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.
Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.
It depends if her property will be counted as her own (separate) or community property
. Separate property and debt is property that is generally:
1. Owned before marriage
by one spouse; or
2. Acquired by gift or will or similar legal way by spouse during marriage; or
3. Declared as such by prenup or postup; or
4. Traceable property purchased by one spouse only; or
5. Tort Recovery for personal injury, but not medical expenses or loss of earning capacity.
Separate property and debt is awarded to the party which had claim to it in accordance with the rules above.
Community Property and debt is everything else, including but not limited to:
1. Income from BOTH parties; or
2. Declared as such by prenup and postup; or
3. Gift from one spouse to another; or
4; All titled and non-titled property gathered during marriage.
All community property is liable, her separate property is not. The best thing you can do to protect her is keep separate bank accounts, which would ensure that they cannot go after her money as well in a joint, comingled account.
Best of luck in your matter. I'm here if you need any more clarification or follow up information.
I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.
There is no fee for follow up questions should you wish to continue in this thread.
Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.
There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.
If you feel that I went an extra step to help, a bonus would be appreciated!
You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”