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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100053
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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tHERE ARE TWO.. I AM CONSIDERING MARRYING A WONDERFUL LADY,

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tHERE ARE TWO.. I AM CONSIDERING MARRYING A WONDERFUL LADY, WHO DOES HAVE ASSETS AND FUNDS,, I HAVE A JUDGEMENT AGAINST ME THAT SHOULD NOT BE BUT IT IS AND IT IS FOR $83k AND I AM FIGHTING THE IRS ON A TAX ISSUE THAT WAS CAUSED BY AN X EMPLOYEE,, THAT IS CLOSE TO BE RESOLVED..IF I MARRIED HER WOULD SHE OR ANY OF HER ASSETS BE AT RISK? IF SO HOW COULD I AVOID THAT?
Submitted: 6 years ago.
Category: Family Law
Expert:  Ely replied 6 years ago.
Hello,



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.



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