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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31561
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I will be marrying a felon who pays restitution. Will my assets

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I will be marrying a felon who pays restitution. Will my assets and income be looked at by the government? My house and car and bank accounts will be in my name only. My son is worried that the government will take my finances.

Roger : Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question. I'll be glad to assist.
Customer:

What else do you need to know?

Roger : The short answer is that you would not be responsible for the restitution.
Roger : The problem is that if you commingle your assets (have a joint bank account, place his name on property, assets, accounts, etc.), then those things that were yours could become community property, and therefore, could be considered his and seized.
Customer:

After he dies, would this change?

Roger : Thus, in order to protect yourself, you really should consider getting a prenuptial agreement to have in writing that your assets and property are yours and remain separate.
Customer:

Thanks

Roger : If he were to die, the obligation to pay would die along with him. You would never be required to pay this on his behalf. There's no spousal liability for criminal restitution.
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